RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01092
		INDEX CODE:  131.05
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His grade at the time of his discharge be changed from private first class to sergeant.

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APPLICANT CONTENDS THAT:

He was grounded for medical reasons and demoted from sergeant to private first class.  He is 83 and would like his highest held grade returned to him.  

His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant's records were destroyed by fire in 1973 at the National Personnel Records Center, St. Louis MO; therefore, his service history cannot be verified.

Data extracted from the documentation provided by the applicant reflects that he entered active duty in the Army Air Corps on 29 Dec 42.  The documentation provided reflects his highest grade held was sergeant.  On 20 Oct 45, he was separated for the convenience of the government in the grade of private first class.

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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.  Because the applicant’s military service records are unavailable and based upon the presumption of regularity in the conduct of governmental affairs, we must assume that the circumstances surrounding his reduction in grade were was proper and in compliance with appropriate directives.  If the applicant were to provide documentary evidence, that would corroborate the circumstances surrounding his reduction in grade, we would be willing to reconsider his request.  Therefore, based on the available evidence of record, and in the absence of evidence to the contrary, we find no basis upon which to favorably consider 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-2004-01092 in Executive Session on 16 Jun 04, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 30 Nov 03, w/atchs.