RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-00087
            INDEX CODE:  131.09
      XXXXXXX    COUNSEL:  NO

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  15 JUL 08

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect his highest grade  (E-7)  held  on
active duty.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was retired in the grade of technical sergeant  (E-6)  although  he
was an E-7  in  the  US  Army.   He  believes  his  records  were  not
researched thoroughly.  After flying 64 combat missions,  he  returned
from Vietnam to learn his daughter  was  hospitalized  with  diabetes,
during the same time, he was also diagnosed with diabetes.  All  these
events going on at once caused much confusion. He  believes  his  rank
should be corrected considering he served in three  wars:   World  War
II, Korea and Vietnam. During the Korean War, he was a Sergeant  First
Class (E-7) in the Army.

In support of his request, the applicant provided his DD  Form  214’S,
Armed Forces of the United States  Report  of  Transfer  or  Discharge
Certificate of Release or Discharge from Active Duty.

His complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the United States Navy  in  16  Aug  45  and
served until 24 Sep 48.  After a break in service, he enlisted in  the
Army on 2 Jun 1950 and served until 2 Jun 53.  After another break  in
service, he enlisted in the Air Force on 29 Jul 54 and  was  medically
retired on 3 Jun 70, in the grade of technical sergeant (E-6).   While
serving in the Army, he was promoted to the temporary grade of E-7  on
20 Aug 52.

________________________________________________________________

AIR FORCE EVALUATION:

SAF/GCM  recommends  denial.  GCM  states  10  U.S.C.  indicates,   in
pertinent part, that any member of an armed force who is retired for a
physical disability is entitled to the  “highest  temporary  grade  or
rank served satisfactorily, as determined  by  the  Secretary  of  the
armed  force  from  which  he  or  she  retired”  AFM 35- 4,  Physical
Evaluation for Retention, Retirement and  Separation,  the  applicable
Air Force regulation at the time he  was  medically  retired,  further
interprets the statute, stating that consideration of retirement in  a
higher temporary grade is limited to cases where the  grade  was  held
during service in the Air Force or in the Army Air Corps,  with  later
transfer to the Air Force.  In the States  Court  of  Claims  case  of
Willis D. Friestedt Vs United States, decided 12  Nov  65,  the  court
noted with approval the authority of the Secretary of the Air Force to
promulgate regulations providing that service in the Army or Navy  may
not be considered in determining satisfactory service under 10  U.S.C.
1372, unless the grade was held during service in the Army Air  Corps.
Because the applicant held the temporary grade of E-7 in the Army from
1952 to 1953, under Air Force regulations he  can  be  denied  medical
retirement in that grade.  The only appropriate  grade  in  which  the
applicant could have been retired was the highest grade held while  on
active duty in the Air Force is E-6.

The complete GCM evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states his break between the Navy and  Army  was  nearly
two years.  When the Korean war started, he enlisted in  the  Army  at
the same rank he held in the Navy.  He believes the service should not
make a difference considering all  of  the  services  fall  under  the
United States Government.  (Exhibit E).

_________________________________________________________________

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.  Insufficient evidence  has  been
provided which would lead the Board to believe that the rules  of  the
applicable  regulations  were  inappropriately  applied  or  that  the
applicant was denied rights to which he was entitled.  Therefore,  the
Board agrees with the opinion and  recommendation  of  the  Air  Force
office of primary responsibility and adopt its rationale as the  basis
for their conclusion that the applicant has not been the victim of  an
error or injustice.  In the absence  of  persuasive  evidence  to  the
contrary, the Board finds 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;  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-
00087 in Executive Session on 12 Apr 07, under the provisions  of  AFI
36-2603:

                 Ms. Kathy L. Boockholdt, Panel Chair
                 Mr. Patrick C. Daugherty, Member
                 Mr. Todd L. Schafer, Member

The following documentary evidence pertaining to AFBCMR Docket  Number
BC-2007-00087 was considered:

   Exhibit A.  DD Form 149, dated 8 Jan 07, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, SAF/GCM, dated 2 Mar 07.
   Exhibit D.  Letter, SAF/MRBR, dated 9 Mar 07.
   Exhibit E.  Letter, Applicant, dated 31 Mar 07.





                                   KATHY L. BOOCKHOLDT
                                   Panel Chair

                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC



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 Office of the Assistant Secretary

AFBCMR
1535 Command Dr, EE Wing, 3rd Flr
Andrews AFB MD 20762-7002

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XXXXXXX

      Reference your application, AFBCMR BC-2007-00087, submitted
under the provisions of AFI 36-2603 (Section 1552, 10 USC).

      After careful consideration of your application and military
records, the Board determined that the evidence you presented did
not demonstrate the existence of material error or injustice.
Accordingly, the Board denied your application.

      You have the right to submit newly discovered relevant
evidence for consideration by the Board.  In the absence of such
additional evidence, a further review of your application is not
possible.

      BY DIRECTION OF THE PANEL CHAIR





                                                       GREGORY E.
JOHNSON
                                                             Chief
Examiner
                                                 Air Force Board
for Correction
                                                       of Military
Records

Attachment:
Record of Board Proceedings