RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-02429
		INDEX CODE:  123.01

		COUNSEL:  None

		HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

His Record of Discharge (Block 55) be corrected to remove Time Lost under AW (Article of War) 107-107 days.  

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APPLICANT CONTENDS THAT:

During his enlistment he was never absent without leave.  Therefore, the comment in the remarks section about 107 days time lost is incorrect.

In support of his application, the applicant provided a copy of his separation document and qualification record, and several documents pertaining to the duties he performed.  The applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The relevant facts pertaining to this application, extracted from the applicant's military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C.

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AIR FORCE EVALUATION:

AFPC/DPW recommends the application be denied.  DPW states that the applicant’s complete military personnel record was destroyed in the 1973 fire at the National Personnel Records Center, St. Louis, MO.  DPW states that there is insufficient evidence to grant the applicant's request (see Exhibit B).

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reiterates that Block 55 of his Record of Discharge should be corrected to reflect no time lost.  He states he is not requesting any back pay for the lost time and does not want a negative reflection in his record.

A copy of the applicant’s response is at Exhibit D.
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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.  Sufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice.  After reviewing the evidence provided, some doubt exists as to whether the contested entry on the applicant’s separation document is correct.  The applicant’s records were destroyed and, therefore, verification of the time lost is not possible.  We note the applicant served during wartime, performed duties in the European Theater of Operations from 1943 until 1945, and was issued an honorable discharge because of demobilization shortly after his return from that location.  In view of the potentially severe consequences in those days for such a large amount of time lost, this information seems to us to be at odds with the reason for and characterization of his discharge.  In viewing the totality of the circumstances of this case, it is our opinion that any doubt in this matter should be resolved in the applicant’s favor.  Accordingly, his records should be corrected in the following manner.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that, at the time of his discharge on 10 October 1945, he was not charged with one hundred seven days (107) time lost under Article of War 107 but the one hundred seven days were considered creditable service for all purposes, and all references to time lost be deleted from his records.   
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The following members of the Board considered this application in Executive Session on 23 January 2002, under the provisions of AFI 36‑2603:

Chair
Member
Member

All members voted to correct the records for Case Docket Number 01-02429, as recommended.  The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 28 June 2001, w/ atchs.
     Exhibit B.  Letter, AFPC/DPW, dated 5 December 2001 w/atch.
     Exhibit C.  Letter, SAF/MIBR, dated 14 December 2001.
     Exhibit D.  Applicant’s Letter, dated 8 January 2002.

                                  

AFBCMR 01-02429

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to XXXXXXXXXXXXXX, be corrected to show that at the time of his discharge on 10 October 1945, he was not charged with one hundred seven (107) days time lost under Article of War 107 but the one hundred seven days were considered creditable service for all purposes, and all references to time lost be deleted from his records.