RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-02212
INDEX CODE: 131.00
XXXXXXX (Deceased) COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 16 JAN 2009
_________________________________________________________________
APPLICANT REQUESTS THAT:
His father's grade at the time of his discharge be corrected to reflect
staff sergeant.
_________________________________________________________________
APPLICANT CONTENDS THAT:
After researching the history of his father's military occupational
specialty (MOS), he believes his father should have been promoted to the
rank of sergeant prior to his separation from the Army Reserves. He also
believes his father should have been promoted during the time he spent in
the Regular Army.
In support of his request, the applicant provided a personal letter; a
letter to Congressman Cantor; a letter written by his father; AWD AGO Form
100, Separation Qualification Record; two discharge certificates; WD AGO
Form 53; Enlisted Record and Report of Separation.
His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The former service member's military personnel records were destroyed by
fire in 1973. Therefore, all the facts surrounding applicant's request
cannot be verified. Data extracted from his reconstructed records reflects
he enlisted in the in the Army Air Corps on 16 Oct 1943. On 21 Aug 44 he
was discharged in the grade of Private First Class (PFC) with an honorable
discharge. On 17 Jan 46, he enlisted in the Army Air Force Reserves and
was discharged 4 Jan 47 in the grade of PFC.
He served approximately 1 year, 8 months and 10 days on active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPWB recommends denial. DPPPWB states the request should be time
barred and also should be denied based on a lack of official documentation
reflecting a rank other than PFC. In addition, DPPPWB believes supervisors
and commanding officers at the time were in a better position to evaluate
the applicant’s potential and eligibility for promotion. Therefore, DPPPWB
assumes the discharge certificate and Enlisted Record and Report of
Separation reflect the correct rank.
The complete AFPC/DPPPWB evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 10
August 2007 for review and comment within 30 days. As of this date, this
office has received no response (Exhibit D).
_________________________________________________________________
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. After a thorough review of the available
evidence and the applicant’s complete submission, we find no evidence which
would persuade us that the former member's service records should be
corrected to show he was promoted to any grade higher than that reflected
in his military records. We agree with the opinion and recommendation of
the Air Force office of primary responsibility and adopt its rationale as
the basis for our conclusion that the applicant has not been the victim of
an error or injustice. Therefore, in the absence of evidence to the
contrary, we find no basis to recommend granting the relief sought in this
application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of material error or injustice; the application was denied
without a personal appearance; and 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 BC-2007-02212 in Executive
Session on 12 September 2007, under the provisions of AFI 36-2603:
Mr. Michael J. Novel, Panel Chair
Mr. Richard K. Hartley, Member
Mr. Reginald P. Howard, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 19 Jul 2007, w/atchs.
Exhibit B. HQ AFPC/DPPPWB Letter, dated 31 Jul 07.
Exhibit C. Letter, SAF/MRBR, dated 10 Aug 2007.
MICHAEL J. NOVEL
Panel Chair
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