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AF | BCMR | CY2008 | BC-2007-02212
Original file (BC-2007-02212.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-02212
            INDEX CODE:       131.00
XXXXXX      COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  16 JANUARY 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 at the National Personnel  Records  Center,  St  Louis,  MO,  in  1973.
Therefore, the  facts  pertaining  to  the  applicant's  request  cannot  be
verified.   Data  extracted  from  information  provided  by  the  applicant
reflects the former member was discharged on 5 January 1947 in the grade  of
Private First Class (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 1 November 2007, under the provisions of AFI 36-2603:

            Mr. Michael K. Gallogly, Panel Chair
            Ms. Mary C. Puckett, Member
            Ms. Debra K. Walker, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 19 July 2007, w/atchs.
   Exhibit B.  HQ AFPC/DPPPWB Letter, dated 31 July 07.
   Exhibit C.  Letter, SAF/MRBR, dated 10 August 2007.




            MICHAEL K. GALLOGLY
            Panel Chair


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