RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-03435
		INDEX CODE:  110.02
		COUNSEL:  

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

1.  Her father's records be corrected to show that he retired from the Air Force effective 17 Dec 59.

2.  She receive back retirement pay, plus interest.

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APPLICANT CONTENDS THAT:

Her father's career of 20 plus years of exemplary service abruptly ended in 1959 without him being retired.  

In support of her request, applicant provided WD Form 66, Officer's Warrant Officer's and Flight Officer's Qualification Record; a Certificate of Appointment, special order A-343, a Death Certificate; DD Form 256AF, Honorable Discharge Certificate; a document extracted from the deceased member’s medical record, and photos.  Her complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The decedent's master personnel records were destroyed by fire in 1973 at the National Personnel Records Center, St. Louis, MO.  The only available information was obtained from records reconstructed with documents provided by the applicant.

Data extracted from documents provided by the applicant reflects that he was appointed a second lieutenant, Calvary Reserve, on 31 May 38 and served in that capacity until 20 Aug 41.  During that period he served 2 weeks on active duty.  He entered active duty in the Army of the United States on 21 Aug 41, in the temporary grade of first lieutenant.  He was progressively promoted to the temporary grade of major effective and with a date of rank of 3 May 44.  On 19 Jun 47, he was transferred to the Regular Army in the permanent grade of first lieutenant.  On 10 Oct 47, he was transferred to the Regular Air Force.  He was subsequently promoted through the ranks to the grade of lieutenant colonel, having assumed that grade effective and with a date of rank of 20 Feb 51.  His qualification record reflects he was honorably discharged from the Regular Air Force on 28 Nov 59; however, his Honorable Discharge certificate reflects he was discharged on 17 Dec 59.  Based on the available documentation, it appears he served approximately 18 years, 4 months, and 11 days on active duty and 3 years, 2 months, and 20 days in a Reserve component.

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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 error or injustice.  Based upon the presumption of regularity in the conduct of governmental affairs and without evidence to the contrary, we must assume that the applicant's separation was proper and in compliance with appropriate directives.  The available evidence reflects that the deceased member did not serve the necessary years of service in order to qualify for retirement.  Therefore, based on the available evidence, and in the absence of evidence to the contrary, we find no basis upon which 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 involved.  Therefore, the request for a hearing is not favorably considered.

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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 AFBCMR Docket Number BC-2003-03435 in Executive Session on 16 Mar 04, under the provisions of AFI 36-2603:

	

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 6 Oct 03, w/atchs.