RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-03380
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be promoted from corporal to master sergeant (MSgt).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He believes he should have been promoted to the rank of MSgt based on
the duties he was performing as a crew chief at the time of discharge.
In support of his request, the applicant provides copies of documents
extracted from his military personnel records.
Applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant’s military records were destroyed in 1973 by fire at the
National Personnel Records Center (NPRC), St Louis, MO.
The available record reflects the applicant served on active duty from
7 Jul 43 through 17 Feb 46. His discharge certificate reflects the
highest grade the applicant held was corporal.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOE recommends the applicant’s request be time barred.
However, if the Board chooses to consider the case, they recommend
denial based on the merits. AFPC/DPSOE states that due to the limited
records and the passage of time, it is not possible to determine if
promotion to a higher grade was appropriate. The applicant’s 64 year
delay regarding this matter has greatly complicated the ability to
determine the merits of his request. Although the applicant may have
deserved a promotion there is no official documentation to support his
request for promotion. Without official documentation supporting
promotion to the higher grade, DPSOE must assume he was discharged in
the appropriate grade. DPSOE notes his chain of command at that time
was in a better position to evaluate his potential and eligibility for
promotion. DPSOE further notes that after two and one half years of
active service, his duty history and eligibility for promotion would
have been reviewed at the time of his discharge.
The complete AFPC/DPSOE evaluation is Exhibit at C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on 29
Oct 10 for review and comment within 30 days. As of this date, no
response has been received by this office (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 an error or injustice. We took notice of the
applicant's complete submission, to include his rebuttal response, in
judging the merits of the case; however, we agree with the opinion and
the recommendation of the Air Force office of primary responsibility
and adopt its rationale as the basis for our conclusion the applicant
has failed to sustain his burden of proof of the existence of an error
or injustice. Unfortunately, the applicant’s military records are not
available for review; and the documentation provided by the applicant
fails to substantiate that he has been the victim of an error or
injustice. Although, the applicant believes he should have been
promoted to master sergeant, no official documentation was submitted
or located to support his request. Therefore, based upon the
presumption of regularity in the conduct of governmental affairs and
without evidence to the contrary, we must assume that the applicant
was discharged in the correct grade. While we are not unmindful or
unappreciative of the applicant’s service to his Nation, in the
absence of the 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; 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-
2010-03380 in Executive Session on 8 Feb 11, under the provisions of
AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 31 Aug 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOE, dated 1 Oct 10.
Exhibit D. Letter, SAF/MRBR, dated 29 Oct 10.
Exhibit E. Letter, Applicant, dated 1 Nov 10.
Panel Chair
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