RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-00814
COUNSEL: NONE
HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
1. The former member be promoted to the grade of sergeant.
2. The former member be awarded the Air Medal with One Oak Leaf
Cluster (AM w/1OLC) administratively corrected.
___________________________________________________________________
APPLICANT CONTENDS THAT:
He has two orders which reflect an Air Medal for each order.
In support of his request, the applicant provides a copy of a
letter from the Department of the Army, a copy of the former
members general orders, a copy of the former members Army
discharge certificate, a copy of the former members WD AGO Form
53-55, Enlisted Record and Report of Separation Honorable
Discharge, a copy of the former members WD AGO Form 100, Separation Qualification Record, a copy of the former members
education record, and a copy of the former members death
certificate.
His complete submission, with attachments, is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
The applicants records were destroyed by the fire at the National
Personnel Records Center (NPRC) in 1973.
According to the former members WD AGO Form 53-55, he served in
the Regular Army, from 28 Dec 43 to 15 Jan 46, as an aerial gunner.
The former members WD AGO Form 53-55 reflects he was awarded an
AM w/OLC (DPSOY administratively corrected his DD Form 214, Certificate of Release or Discharge from Active Duty, to reflect
AM w/1OLC (see Exhibit B)). The former member was discharged in
the grade of corporal (CPL).
According to the former members general order number 2012, dated
25 Sep 45, his rank is reflected as sergeant. The same general
order awarded him the AM w/1OLC. However, the former members
discharge certificate and record of enlistment reflect his rank as
corporal.
AFPC/DPSIDR has corrected the former members award of the Asiatic
Pacific Service Medal to read Asiatic-Pacific Service Medal with
one Silver Service Star and corrected his record to reflect the AM
w/1OLC versus AM w/OLC.
___________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOE recommends denial of the request to promote the former
member to sergeant. DPSOE states this application should be time
barred. Based on extremely limited records and the passage of
time, it is not possible for DPSOE to determine whether the
members rank at the time of discharge was in error. Although the
decoration order dated 25 Sep 45 refers to the former member as
sergeant, the order is not an official document with regard to
his official military rank. Unless the applicant can provide a
copy of a promotion order or a financial statement showing his
uncles rank as sergeant, DPSOE must assume the rank reflected on
his separation documents are accurate. DPSOE reminds the Board
that the applicant has made it very difficult to determine the
merits of his position for something that goes back more than 63
years.
The DPSOE complete evaluation is at Exhibit C.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 30 Jul 10 for review and comment 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 error or injustice with regard to the
applicants request to promote the former member to the grade of
sergeant. The applicants contentions are duly noted; however, we
find no evidence of error in this case and after thoroughly
reviewing the documentation that has been submitted in support of
his appeal, we do not believe he has suffered from an injustice.
Therefore, relief beyond that granted administratively is not
warranted. Therefore, we find no basis to favorably consider 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-2010-00814 in Executive Session on 13 Oct 10, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 23 Feb 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOE, dated 6 Apr 10.
Exhibit D. Letter, SAF/MRBR, dated 30 Jul 10.
Panel Chair
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