RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-00190
		INDEX NUMBER:  107.00; 108.00

	XXXXXXXXXXXX	COUNSEL:  None

	XXX-XX-XXXX	HEARING DESIRED:  No

_______________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded service-connected disability for injuries sustained during his military service.

He be awarded the Good Conduct Medal, European-African-Middle Eastern Campaign Medal, and the Marksman Badge with Carbine and Machine Gun Bars.

His records be corrected to show that he was promoted to the grade of Corporal (E-3) before his discharge.

His 29 Apr 47 summary court-martial be set aside.

_______________________________________________________________

APPLICANT CONTENDS THAT:

He was injured during a fall from a defective parallel bar in basic training and again while climbing a 60-foot pole while training in his military specialty and still has health problems from it today.

The decorations he earned and wore during his time in service were left out of his official personnel records.

He received a summary court-martial based on a false statement made by a fellow service member.

He received a field promotion to corporal from his commander that was not entered into his official records.

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

_______________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Army Air Corp on 28 Feb 46 and was discharged for the convenience of the government prior to expiration of term of service on 7 Jan 49 in the grade of private.

The remaining relevant facts pertinent to this case are contained in the evaluations done by the appropriate offices of the Air Force at Exhibits C, D, E, and F.

_______________________________________________________________

AIR FORCE EVALUATION:

AFLSA/JAJM recommends denial of the applicant’s request to set aside the summary court-martial he received.  The record does not reveal any clear error or injustice arising from the summary court-martial.  The testimony of four witnesses as well as the applicant’s plea of guilty supported the conviction.  The findings of guilty and the sentence were reviewed and approved by his commander.

The complete evaluation is at Exhibit C.

The BCMR Medical consultant recommends denial of the applicant’s request for service connected disability.  His records do not reflect any debilitating conditions during his time in service.

The complete evaluation is at Exhibit D.

AFPC/DPPPR indicates that the applicant was notified of the awards and decorations that he was entitled to on 7 Oct 01 in a separate Memorandum.  He was advised that he was only entitled to the American Campaign Medal and the World War II Victory Medal.  He was not eligible for the Good Conduct Medal due to the Summary Court-Martial he received.  He was not entitled to the marksman badge since his records clearly show he failed to qualify on the weapons he fired.  The applicant was not eligible for the European-African-Middle Eastern Campaign Medal since his assignment to the European Theater was outside the period required to qualify for the award.

The complete evaluation is at Exhibit E.

AFPC/DPPPWB recommends denial of the applicant’s request for promotion to Corporal.  There is no documentation in the applicant’s records documenting a promotion to Corporal.  His discharge certificate reflects that he was honorably discharged on 7 Jan 49 as a Private and that the highest grade he held while on active duty was as a Private First Class.

The complete evaluation, with attachments, is at Exhibit F.

_______________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant responded to the Air Force evaluations in two separate letters.  In regards to the medals he is requesting, the applicant stresses that he wore all of the medals he is requesting while on active duty, but they were not entered into his records.  He notes that even the two medals that the Air Force indicates he was entitled to are also not in his records.  The applicant again stresses that it was the false statement by a friend to the first sergeant that led to his summary court-martial.  He also restates the circumstances that led to his promotion to Corporal and the incidents that led to his medical problems.

The applicant’s responses are at Exhibits H and I.

_______________________________________________________________

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 probable error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinions and recommendations of the Air Force offices of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  The applicant failed to provide sufficient evidence to substantiate his varied claims with the exception of two decorations that have since been provided to him by the Air Force.  Therefore, in the absence of evidence to the contrary, 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 probable 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 01-00190 in Executive Session on 26 February 2002, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, undated, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFLSA/JAJM, dated 16 Jul 01.
    Exhibit D.  Memorandum, BCMR Medical Consultant, dated
                16 Aug 01.
    Exhibit E.  Memorandum, AFPC/DPPPR, dated 18 Sep 01.
    Exhibit F.  Memorandum, AFPC/DPPPWB, dated 27 Sep 01,
                w/atchs.
    Exhibit G.  Letter, SAF/MIBR, dated 5 Oct 01.
    Exhibit H.  Letter, Applicant, undated.
    Exhibit I.  Letter, Applicant, undated, w/atchs.

                                   
                                   Panel Chair