RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER: BC-2004-01683
							INDEX CODE:  107.00

							COUNSEL:  NONE

					HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His discharge papers reflect the rank of sergeant versus private.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

He would like his grave marker to reflect the rank of sergeant not private.  He earned his rank while serving in combat.  

In support of his request, applicant submits a copy of his Enlisted Record and Report of Separation with his Honorable Discharge certificate and excerpts from his military record.  Applicant’s submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was inducted into the Army of the United States on 24 September 1942 and entered active duty on 8 October 1942.  He was assigned to duty in the Air Corps, and was progressively promoted to the grade of sergeant (temporary) effective 1 June 1944.  He performed duties as an Airplane and Engine Mechanic.  He was honorably discharged in the grade of private, on 21 November 1945, having accrued 2 years, 4 months and 19 days of total active military service, of which 8 months and 28 days was foreign service.  He had 10 days’ lost time.  

On 27 June 1945, two entries in his financial allotment portion of his service record reflect his discontinuance of two savings allotments by stated reason of reduction in grade.  

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPWB recommends the application be time barred.  DPPPWB states that the applicant's records reflect he was promoted from private to private first class on 17 March 1943, to corporal on 27 May 1943, and to sergeant (temporary) on 1 June 1944.  On 25 June 1945, his service record shows his rank as private.  There are no documents to indicate why he was demoted to private.  DPPPWB states that based on extremely limited records and passage of time, it is not possible to determine whether applicant's rank at time of discharge was in error.  The DPPPWB evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

On 9 July 2004, a copy of the Air Force evaluation was sent to the applicant for review and comment.  As of this date, this office has not received a response.

_________________________________________________________________

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 injustice.  The documentation in his record clearly establishes the applicant was promoted to sergeant (Temporary) on 1 June 1944.  The Board majority also notes that on 26 June 1945, his service record shows his rank was private.  Based on the absence of any record of company punishment or court-martial in the applicant’s existing records, the fact that he served more than a year in the grade of sergeant, in view of his character and efficiency ratings of satisfactory and excellent throughout the time he served and, in particular, the “excellent” ratings he received on 29 July 1945, the Board majority believes some doubt exists of the propriety of the applicant’s separation in the grade of private.  The Board majority is of the opinion that, in view of the applicant’s service to the Nation, any doubt in this matter should be resolved in favor of the applicant.  Therefore, the Board majority recommends his records be corrected to the extent indicated below.    

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that he was promoted to the grade of sergeant, effective 20 November 1945, and on       

21 November 1945, he was honorably discharged in the grade of sergeant, rather than private.  

_________________________________________________________________

The following members of the Board considered Docket Number 01-02836 in Executive Session on 11 August 2004, under the provisions of AFI 36-2603:

By a majority vote, the Board recommended approval of the application.  Mr. XXXX  voted to deny the applicant’s request and elected to submit a minority report, which is at Exhibit E.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 19 May 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPWB, dated 23 Jun 04.
    Exhibit D.  Letter, SAF/MRBR, dated 9 Jul 04.
    Exhibit E.  Minority Report, dated 16 Sep 04.

AFBCMR BC-2004-01683

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 xxxxxxxxxxx, be corrected to show that he was promoted to the grade of sergeant, effective 20 November 1945, and on 21 November 1945, he was honorably discharged in the grade of sergeant, rather than private.  

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR 
			    CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  APPLICANT, DOCKET NO: BC-2004-01683

	The applicant has requested that his discharge document reflect the rank of sergeant versus private.  The majority of the Board recommends approval based on possible injustice.  I respectfully disagree.  

After careful consideration of the applicant’s request and the available evidence of record, I see no evidence that would warrant approval of the applicant’s request.  The applicant’s service record does reflect the applicant was promoted to sergeant (Temporary) on 1 June 1944.  However, his service records also clearly shows that at the time of his discharge on 26 June 1945, he was serving in the grade of private because of a demotion.  There are no documents to indicate why he was demoted to private nor does the applicant provide in my estimation the quality or quantity of evidence to determine whether his rank at the time of discharge was in error.  I do note, however, he did have for reasons unknown, ten days of lost time.  In the absence of any documentation to the show the available information is erroneous, I must assume he was discharged in the correct grade.   

In view of the above, I find that the applicant has not satisfied his burden to show there has been an error or injustice.  

						Sincerely