ADDENDUM TO THE
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-03059
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to change his rank from Private First Class (PFC)
to Sergeant Tech 4th Grade (T/4 Sgt).
_________________________________________________________________
STATEMENT OF FACTS:
A similar appeal was considered and denied by the Board on 10 Feb 04. For
an accounting of the facts and circumstances surrounding the rationale of
the earlier decisions see the Record of Proceedings at Exhibits F.
On 29 April 08, the applicant submitted a DD Form 149 with documents
extracted from his military records and a letter from the American Legion
to the Board and requested reconsideration of his request.
Applicant’s complete submission, with attachment, is at Exhibit L.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
Sufficient relevant evidence has been presented to demonstrate the
existence of an injustice. In this, respect, although we find no evidence
of an error in this case, after a thorough review of the available evidence
of record along with the applicant's submissions, we believe he has
established reasonable doubt as to whether or not his reduction in rank was
too harsh. Accordingly we believe the benefit of doubt in this matter
should be resolved in his favor. It is our opinion that the appropriate
action in this case would be to correct his record to show that upon his
discharge from the Air Force he was restored to the rank of T/4.
Therefore, we recommend his records be corrected as indicated below.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating
to the APPLICANT be corrected to show that on 18 January 1946, he was
promoted to the grade of Sergeant, Technician Fourth Grade.
_________________________________________________________________
The following members of the Board considered Docket Number BC-2007-02625
in Executive Session on 6 Jan 09, under the provisions of AFI 36-2603:
, Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit F Record of Proceedings, dated 20 Feb 04, w/Exhibits.
Exhibit G. Letter, Applicant, dated 10 May 04, w/atchs.
Exhibit H. Letter, Applicant, dated 25 Jan 08, w/atchs
Exhibit I. Congressional Inquiry, dated 15 Apr 05, w/atchs.
Exhibit J. Letter, Applicant, dated 25 Aug 05, w/atchs.
Exhibit K. Letter, AFBCMR, dated 20 Oct 05, w/atch.
Exhibit L. DD Form 149, dated 29 Apr 08, w/atchs.
THOMAS S. MARKIEWICZ
Chair
AFBCMR BC-2007-02625
MEMORANDUM FOR THE CHIEF OF STAFF
Having reviewed and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116) it is directed that:
The pertinent military records of the Department of the Air Force
relating to , be corrected to show that on 18 January 1946, he was
promoted to the grade of Sergeant, Technician Fourth Grade.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
AF | BCMR | CY2005 | BC-2005-02804
He earned 30 days of leave during FY04 and used 31 days of leave. He earned 10 days of leave between 1 Oct 04 and 31 Jan 05 and used eight days of leave. In a 23 Dec 04 letter, the applicant once again stated he did not understand he was applying for a 1 Feb 05 retirement date.
AF | BCMR | CY2005 | BC-2004-02625
Otherwise, the lower rating will be assigned.” Rating guidance contained in the VASRD, Section 4.7, Higher of two evaluations, states, “Where there is a question as to which of two evaluations shall be applied, the higher evaluation will be assigned if the disability picture more nearly approximates the criteria required for that rating. The complete evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The...
AF | BCMR | CY2006 | BC-2006-02414
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-02414 INDEX CODE: 111.02 XXXXXXX COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 15 FEB 2008 ___________________________________________________________________ APPLICANT REQUESTS THAT: His enlisted performance report closing 13 Sep 05 be voided. ___________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPPPEP reviewed...
AF | BCMR | CY2008 | BC-2007-02625-2
Therefore, the Board majority recommends his records be corrected as indicated below. The following documentary evidence was considered: Exhibit E. Record of Proceedings, dated 27 Feb 08, with Exhibits. THOMAS S. MARKIEWICZ Chair AFBCMR BC-2007-02625 MEMORANDUM FOR THE CHIEF OF STAFF Having reviewed and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116) it is directed...
AF | BCMR | CY2006 | BC-2004-02625A
ADDENDUM TO RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-02625 INDEX NUMBER: 108.00 XXXXXXXXXXXX COUNSEL: DAV XXXXXXX HEARING DESIRED: Yes MANDATORY CASE COMPLETION DATE: 20 Feb 06 _________________________________________________________________ APPLICANT REQUESTS THAT: The 10% disability rating she was given when removed from the Temporary Disability Retired List (TDRL) on 14 Jul 04 be changed to a minimum of 30%...
AF | BCMR | CY2008 | BC-2007-04010
He would have been promoted; however, the referral EPR was not removed from his record until after he retired. The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSOE recommends denial. We took notice of the applicant's complete submission in...
AF | BCMR | CY2008 | BC-2007-02175
The command recommended that the package be resubmitted as an AFCM. _________________________________________________________________ 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. BY...
AF | BCMR | CY2008 | BC-2008-00763
She was under investigation from on/about 20 Dec 05 to 20 Jan 06. In addition, it is the commander’s responsibility to determine promotion testing eligibility. Exhibit E. Letter, SAF/MRBR, dated 23 May 08.
AF | BCMR | CY2009 | BC-2008-01122
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-01122 INDEX CODE: 111.02, 126.04 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: The nonjudicial punishment under Article 15, imposed on 13 Jan 06, be declared void and expunged from his records, and his rank of staff sergeant be restored. On 26 Jun 06, the applicant's commander vacated the applicant’s...
AF | BCMR | CY2005 | BC-2004-00378
Since a nuclear weapon is a weapon of war, his medical condition should be considered combat related. After a thorough review of the available evidence of record, it is our opinion that the service-connected medical condition the applicant believes is combat related was not incurred as the direct result of armed conflict, while engaged in hazardous service, in the performance of duty under conditions simulating war, through an instrumentality of war, or presumptive of toxic chemicals, and...