RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: 02-01639

			COUNSEL:  None

			HEARING DESIRED:  No
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APPLICANT REQUESTS THAT:

His discharge be corrected to show that he was a technical sergeant and not a staff sergeant.

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APPLICANT CONTENDS THAT:

He was paid as a technical sergeant and received flight pay while he was the acting first sergeant at Tempelhof Air Field, Berlin Germany.

In support of his request applicant submitted copies of his honorable discharge and enlisted record and report of separation.

Applicant's complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Available records indicate the applicant entered active duty 25 January 1944 and was honorably discharged 25 May 1946 in the grade of staff sergeant.  His enlisted record of separation indicates the highest rank held was staff sergeant.

The remaining applicant’s military personnel records were destroyed by fire in 1973.  Therefore, the facts surrounding his service in the Army Air Corp cannot be verified.

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AIR FORCE EVALUATION:

AFPC/DPPPWB recommended the applicant's request be time barred.  Based on extremely limited records (records destroyed in 1973 fire at NPRC) and the passage of time, it is not possible for us at this point to determine if promotion to a higher grade was appropriate.  We have petitioned the applicant for additional documentation (DD Form 214, promotion orders, financial statements) with no response.  While the applicant may have been deserving of promotion, in the absence of documentation to the contrary, DPPPWB must assume he was discharge in the proper grade--staff sergeant.

AFPC/DPPPWB complete evaluation is attached at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 6 September 2002 for review and comment within 30 days.  As of this date, no response has been received by this office.

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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.	Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. After a thorough review of the evidence of record and applicant’s submission, we are not persuaded that he should be promoted to the grade of technical sergeant.  Applicant’s contentions are duly noted; however, we do not find these uncorroborated assertions, in and by themselves, sufficiently persuasive to override the rationale provided by the Air Force.  While the applicant may have been deserving of promotion, in the absence of documentation to the contrary, we must assume he was discharged in the proper grade of Staff Sergeant.  In view of the above, we agree with the recommendations of the Air Force and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain his burden that he has suffered either an error or an injustice.  Therefore, we find no compelling basis to recommend granting the relief sought.

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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.
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The following members of the Board considered Docket Number 02-01639 on 16 October 2002 under the provisions of AFI 36-2603:

			Panel Chairman
			Member
			Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 10 May 02, w/atchs.
   Exhibit B.  Letter, HQ AFPC/DPPPWB, dated 29 Aug 02.
   Exhibit C.  Letter, SAF/MRBR dated 6 Sep 02.

                                   
                                   Panel Chairman