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AF | BCMR | CY2012 | BC-2012-05126
Original file (BC-2012-05126.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-05126
		
	          (DECEASED)	COUNSEL:  NONE

	          (APPLICANT)	HEARING DESIRED: YES


_______________________________________________________________

APPLICANT REQUESTS THAT:

Her deceased father’s DD Form 214, Armed Forces of the United 
States Report of Transfer or Discharge, be corrected to reflect 
his grade as captain (0-3), rather than first lieutenant (O-2).

_______________________________________________________________

APPLICANT CONTENDS THAT:

She has a letter dated 17 May 65, from Headquarters, Air Reserve 
Records Center, which addresses the deceased former service 
member as a captain.  

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

_______________________________________________________________

STATEMENT OF FACTS:

On 13 Mar 56, he was commissioned a first lieutenant in the Air 
Force Reserve.  On 12 Sep 57, he was released from active duty 
in the grade of first lieutenant (O-2) and transferred to the 
Air Force Reserve.

On 3 Jul 62, the deceased former service member was promoted to 
the grade of captain (O-3), effective 18 Jun 61.

On 17 May 65, the deceased former member was relieved from his 
assignment and honorably discharged from all appointments in the 
U.S. Air Force.  

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of 
the Air Force, which is at Exhibit C.

________________________________________________________________




AIR FORCE EVALUATION:

AFPC/DPSOO recommends denial indicating there is no evidence of 
an error or injustice.  The deceased former service member was 
selected for promotion to the grade of captain (O-3) after he 
was discharged from active duty; therefore, his DD Form 214 
appropriately reflects the grade in which he last served on 
active duty as first lieutenant (O-2) and cannot be changed to 
reflect the grade of captain (O-3).  

A complete copy of the AFPC/DPSOO 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 25 Jan 13 for review and comment within 30 days 
(Exhibit D).  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.  We took notice 
of the applicant's complete submission in judging the merits of 
the case; however, 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 the deceased former 
member 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.

4.  The applicant's case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issue(s) 
involved.  Therefore, the request for a hearing is not favorably 
considered.

________________________________________________________________





THE BOARD DETERMINES THAT:

The applicant be notified 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 AFBCMR Docket 
Number BC-2012-05126 in Executive Session on 18 Jul 13, under 
the provisions of AFI 36-2603:

	            , Panel Chair
	            , Member
	            , Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated, 21 Oct 12.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSOO, dated 7 Jan 13.
    Exhibit D.  Letter, SAF/MRBR, dated 25 Jan 13.




                                   
                                   Panel Chair



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