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AF | BCMR | CY2009 | BC-2008-01680
Original file (BC-2008-01680.doc) Auto-classification: Denied

                           4RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-01680
            INDEX NUMBER: 100.00
            COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His discharge documents be corrected to reflect that he served as  a  master
sergeant.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

His discharge documents only state that he was a sergeant and  he  wants  it
put on record that he was a master sergeant at one time.

In support of his appeal, the applicant submitted a copy of  the  Department
of Veterans Affairs Form  (VA)  21-4138,  Statement  in  Support  of  Claim,
documents extracted  from  his  military  records  and  character  reference
letters.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s military records were destroyed by fire in 1973 at the National
Personnel Records Center (NPRC).

Data extracted from documents provided by the applicant reflect  he  served
on active duty from 2 Jul 40 through 6 Jul 45.  He was honorably discharged
in the grade of sergeant.  His Enlisted Record  and  Report  of  Separation
dated 6 Jul 45 reflects his highest grade held was MSgt.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPSOE recommends the requested relief be denied.  DPSOE  states  the
available  records  did  not  reveal   any   documentation   regarding   the
applicant’s promotion  to  master  sergeant  or  the  circumstances  of  his
demotion to sergeant.

AFPC/DPSOE’s complete evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to  the  applicant
on 27 Jun 08 for review and response within 30 days.  As of this date,  this
office has received no response.

_________________________________________________________________

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 an error or injustice.  While not clearly  stated,  it  appears
the applicant is requesting that his records be corrected to  show  that  he
was separated in the grade of master sergeant since he served in that  grade
at one point during his career.   We  note  that  the  Enlisted  Record  and
Report of Separation provided by the applicant does show  that  the  highest
grade held during his tenure was master sergeant.   However,  based  on  the
limited records available for our review, it appears that the applicant  was
reduced to the grade of sergeant prior to his discharge  and  the  discharge
documents provided correctly reflect that he was serving in  that  grade  at
the time of his discharge.  Therefore, it is our opinion that the  applicant
has failed to sustain his burden of proof of the existence of  an  error  or
injustice.  Accordingly, we find no compelling 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 AFBCMR Docket Number  BC-2008-
01680 in Executive Session on 8 Aug 08, under  the  provisions  of  AFI  36-
2603:

                 Mr. Thomas S. Markiewicz, Chair
                 Ms. Josephine L. Davis, Member
                 Mr. Kurt R. LaFrance, Member

The following documentary evidence pertaining to AFBCMR  Docket  Number  BC-
2008-01680 was considered:

    Exhibit A.  DD Form 149, dated 3 Apr 08, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSOE, dated 22 May 08.
    Exhibit D.  Letter, SAF/MRBR, dated 27 Jun 08.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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