RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: 04-00170
			INDEX NUMBER:  128.00
			COUNSEL:  NONE
			HEARING DESIRED:  NO
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APPLICANT REQUESTS THAT:

He receive pay for a period of time in December 1944.  

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APPLICANT CONTENDS THAT:

In December 1944, he was flying with the 376 Heavy Bomber Group when his crew was told to return to the United States.  They left Naples, Italy leaving everything behind to include their pay for the month of December.  All the enlisted men on his crew were "redlined" on the payroll.  Since then he has been unsuccessful in obtaining his pay.  He is 84 years old and in bad health.  He's been in the hospital six times in the last year and a half and almost broke.

In support of his appeal, applicant provides a personal statement, a copy of his Enlisted Record and Report of Separation and discharge certificate.  A copy of the applicant's submission, with attachments, is attached at Exhibit A.

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STATEMENT OF FACTS:

The applicant’s records were lost of destroyed.  The following information was extracted from documents supplied by the applicant.  

The applicant was inducted into the Army of the United States Air Corps on 7 June 1941 and performed duties as an armorer gunner.  The applicant was honorably discharged in the grade of staff sergeant on 24 September 1945, for the Convenience of the Government (Demobilization).  He was credited with 3 years, 9 months and 24 days of continental service and 5 months and 24 days of foreign service.  His discharge document shows he participated in the Naples-Foggia, Rome-Arno, Rhineland, North Apennines, Air Combat Balkans and Southern France campaigns.  He was awarded the Air Medal with three Oak Leaf Clusters, European-African-Middle Eastern Service Medal, the Good Conduct Medal and the American Defense Service Medal.

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AIR FORCE EVALUATION:

DFAS-POCC/DE recommends the application be denied.  DFAS-POCC/DE states that the applicant's pay records are no longer available from 1944 to verify whether or not he received his pay.  A copy of the evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 6 February 2004, a copy of the DFAS-POCC/DE evaluation was forwarded to the applicant for review and response.  As of this date, this office has not received a response.  

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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.  We took notice of the applicant's complete submission in judging the merits of the case and do not find that it supports a determination that the applicant should be paid for an undetermined period of time in December 1944.  Other than his own assertions, the applicant has provided no evidence showing he and his crew were “redlined” for pay.  We are mindful of the fact that more than 50 years has elapsed since this incident; however, without more expansive information pertaining to his pay, which would lend support to his assertions that he was not paid, we are not inclined to favorably consider his request.  However, should the applicant obtain information regarding his pay or assignments during that time, he may, of course, request reconsideration of this application and we would review this new evidence.  

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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.  

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The following members of the Board considered this application in Executive Session on 11 March 2004 and 12 April 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 3 Dec 03, w/atchs.
   Exhibit B.  Letter, DFAS-POCC/DE, dated 28 Jan 04.
   Exhibit C.  Letter, SAF/MRBR, dated 6 Feb 04.

                                   Panel Chair