RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-02271
		INDEX CODE:  100.00, 110.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be corrected to show that his rank at the time of discharge was sergeant instead of corporal.

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APPLICANT CONTENDS THAT:

He was transferred from Keesler AFB, as a sergeant.  His records were lost.  He was reduced to a private at Andrews AFB and was later discharged as a corporal.  He feels his rank of sergeant should have been reinstated with a one-grade increase for enlisting three years in the Reserves, thereby earning the rank of staff sergeant.

In support of his appeal, the applicant provided copies of service records showing he served in the grade of sergeant and was discharged as a corporal, and, other documents associated with the issues cited in his contentions.  Applicant’s complete submission is attached at Exhibit A.

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STATEMENT OF FACTS:

It has been determined that the applicant’s records were lost or destroyed and efforts at reconstruction have been largely unsuccessful.  Available records indicate the applicant entered active duty on 27 March 1946 and was honorably discharged in the rank of corporal on 7 April 1947.  He served three years in the Army Reserves and was honorably discharged in the rank of corporal on 4 April 1950.

Other 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. 

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AIR FORCE EVALUATION:

AFPC/DPPPWB states that relevant records have been destroyed or are no longer available, memories have failed and witnesses are unavailable.  Based on the limited records and the passage of time, it is not possible at this point in time to determine the exact circumstances regarding his reduction from sergeant to private.  In the absence of documentation to the contrary (promotion order, financial statements, Report of Separation), they must assume he was discharged in the proper grade—corporal.   A complete copy of the evaluation is attached at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the Air Force evaluation and states that the reason for this request is that he was told that soldiers could be buried at Fort Snelling Cemetery at his highest grade held.  He states that he’s not asking for anything else.  He was a very excellent and forthright soldier.  He never cost the AAF a minute’s trouble and always did more than was asked of him.  He could get upset at the AAF at Shepherd Field for losing his records in Basic Training.  He and another soldier were pulled out for two weeks, half way through and they had to start all over again with a new group.  The AAF lost his records again when he was transferred from Keesler Field, MS to SAC, Andrews Field, reducing him from sergeant to private.  He states, that was absolutely uncalled for.

He states that Major B--- called him in and said he would increase his grade at every opening in the Table of Organization, which he did.  At the time of discharge, he told him if he enlisted for three years, or in the Reserves; he had the authority to raise his grade one step, which he did.  He never received notice of the grade increase.  That’s the reason he never reenlisted a second time.

He worked for United Power Association as a Senior Systems Controll Supervisor controlling Fossil and Atomic Power Plants and its grids.  He bought and sold power, wrote orders for lineman, electricians and power plant operators.  He retired with 35 years at age 59 and a half from United Power Association.

Applicant’s complete submission is attached at Exhibit E.

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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 an error or injustice.  Applicant’s records are not available for review; therefore, circumstances surrounding his appropriate grade at time of discharge cannot be verified.  Based on the evidence provided, it does appear that the applicant served on active duty in the grade of sergeant and, for reasons unknown, he was transferred to the Reserve in the grade of corporal.  Applicant states that due to his records being lost, he entered the Reserve in the grade of corporal and was told that his grade would be changed to sergeant.  As stated above, documentation to substantiate applicant’s allegations is missing.  After reviewing the available documentation and noting applicant’s contentions, the majority of the Board believes that applicant’s grade at time of discharge from the Reserve should be changed to sergeant.  In this regard, the majority of the Board believes that applicant’s allegations appear reasonable and in the absence of any evidence that he was demoted, he should be separated in the higher grade.  In view of the above findings, the majority of the Board recommends his records be corrected to the extent indicated below.

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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 on 3 April 1950, he was promoted to the grade of sergeant and on 4 April 1950, he was discharge from the Air Force Reserve in the grade of sergeant.

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The following members of the Board considered this application on 5 November 2002, under the provisions of AFI 36-2603:

By a majority vote, the Board voted to correct the records, as recommended.  Mr. XXX voted to deny applicant's request, but does not desire to submit a Minority Report.  The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 24 Jan 01, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPWB, dated 10 Sep 02.
   Exhibit D.  Letter, AFBCMR, dated 20 Sep 02.
   Exhibit E.  Applicant’s Response, dated 7 Oct 02, w/atch.

AFBCMR 02-02271
INDEX CODE:  131.00

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, be corrected to show that on 3 April 1950, he was promoted to the grade of sergeant and on 4 April 1950, he was discharge from the Air Force Reserve in the grade of sergeant.