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AF | BCMR | CY2009 | BC-2009-00727
Original file (BC-2009-00727.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2009-00727
            INDEX CODE:  112.07
      --------------   COUNSEL:  NONE
      (DECEASED)
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her father’s records be corrected to reflect his rank  as  first  lieutenant
rather than sergeant.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Her father was reduced in rank prior  to  going  undercover  to  investigate
black market activities, and his rank should have  been  restored  prior  to
his separation.  He  received  the  Legion  of  Merit  for  his  efforts  in
breaking up the black market scheme.


In support  of  the  request,  the  applicant  provides  excerpts  from  her
father’s available military personnel records.


The applicant’s complete submission is attached.

_________________________________________________________________

STATEMENT OF FACTS:

The former deceased servicemember enlisted in the Army Air Corps on  29  Oct
42.

His WD AGO Form 53-55, Enlisted Record and Report  of  Separation  Honorable
Discharge, reflects that he was separated on 14 Feb 46  for  Convenience  of
the Government.  His record also reflect his highest  grade  held  as  first
lieutenant; and that he was awarded the Legion of Merit,  the  Distinguished
Flying Cross, the Air Medal, the World War II  Victory  Medal,  the  Asiatic
Pacific Medal, the American Theatre Service Medal, the Good  Conduct  Medal,
and the Presidential Unit Citation.

________________________________________________________________

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.  It appears  the  applicant  requests  that
her father’s records be corrected to reflect his rank  as  first  lieutenant
rather than sergeant.  We note the applicant’s  father’s  available  records
reflect the highest grade held as first lieutenant, but at the time  of  his
separation from the Air Force his records reflected the grade  of  sergeant.
Based upon the presumption of regularity  in  the  conduct  of  governmental
affairs  and  without  evidence  to  the  contrary,  we  must   assume   the
applicant’s grade at the time of his separation was the appropriate one  and
his separation documents are correct and in compliance  with  the  directive
under which they were effected.  In  view  of  the  foregoing,  and  in  the
absence of sufficient evidence to the contrary, we find no compelling  basis
to recommend granting the relief sought in this application.  Therefore,  we
find no compelling basis to warrant favorable consideration  of  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-2009-00727
in Executive Session on 28 Oct 09, under the provisions of AFI 36-2603:

      Mr. -----------------, Panel Chair
      Mr. -----------------, Member
      Ms. -----------------, Member

The following documentary evidence was considered under  Docket  Number  BC-
2009-00727:

      Exhibit:  DD Form 149, dated 1 Oct 08, w/atchs.




      ---------------
      Panel Chair

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