RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-01362
INDEX CODE: 110.00
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 5 NOVEMBER 2008
______________________________________________________________
APPLICANT REQUESTS THAT:
1. The board determine the grade to which he is entitled.
2. He receive an ID card reflecting the new grade.
3. He receive retirement pay effective 10 Nov 1942 in the new grade.
________________________________________________________________
APPLICANT CONTENDS THAT:
The current information in his records reflect "Discharged" and he believes
this is not possible considering there has not been any legal activity to
execute his discharge, which is a requirement.
In support of his request, the applicant submits two personal statements;
WDAGO Form No 55, Honorable Discharge from the Army of the United States;
his Enlisted Record; AFPDC Form 50, Assignment Recommendations; Air Force
Reserve Qualification Data; WDAGO Form No 100, Separation Qualification
Record and copies of special orders.
His complete submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant’s military personnel records were destroyed by fire in 1973.
Therefore, the facts surrounding his separation cannot be verified. Data
extracted from his reconstructed records reflects he enlisted as an army
pilot on 27 February 1942.
________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law or
regulations.
2. The application was not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to demonstrate the
existence of error or injustice. We carefully considered the applicant's
complete submission. While we are not unappreciative of his service to
this nation; we found no evidence of an error or injustice requiring
corrective action. Based upon the presumption of regularity in the conduct
of governmental affairs and without evidence to the contrary, we must
assume that the applicant's discharge and grade were proper and in
compliance with appropriate directives. Therefore, based on the available
evidence of record, we find no basis upon which to favorably consider this
application.
______________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of material error or injustice; that the application was
denied without a personal appearance; and that the application will only be
reconsidered upon the submission of newly discovered relevant evidence not
considered with this application.
________________________________________________________________
The following members of the Board considered Docket Number BC-2007-01362
in Executive Session on 21 Jun 07, under the provisions of AFI 36-2603:
Mr. Michael K. Gallogly, Panel Chair
Mr. Elwood C. Lewis III, Member
Ms. Sharon B. Seymour, Member
The following documentary evidence pertaining to AFBCMR Docket Number BC-
2007-00087 was considered:
Exhibit A. DD Form 149, dated 10 Apr 07, w/atchs.
MICHAEL K. GALLOGLY
Panel Chair
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