RECORD OF PROCEEDINGS 
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2004-02463
		INDEX NUMBER: 107.00

	XXXXXXX	COUNSEL:  NONE

	XXXXXXX	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be corrected to reflect his rank at the time of his discharge was technical sergeant (E-6), rather than staff sergeant (E-5).

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THE APPLICANT CONTENDS THAT:

As a radio operator/gunner of a B-24, Liberator, completing a total of 23 combat missions, his training and duties entitled him to the rank of technical sergeant.  Prior to his discharge, he brought this up to his commanding officer in North Carolina and was told that it was too late and he should have brought the matter up prior to his departure from Italy.  He met other members of his combat group who flew less missions and possessed less qualifications that had been brought up to full rank.

In support of the appeal, the applicant submits copies of his discharge documents, his individual sortie record, and a letter from his congressman.

Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant is a former member of the Army Air Corps who served on active duty from 28 January 1943 to 19 November 1945.  He served in the European Theatre of Operation from 26 January 1945 to 22 June 1945, as a B-24, Liberator, radio operator.  He completed a total of 23 combat missions and participated in the Rhineland, Central Europe, Northern Apennines, and Po Valley campaigns.  His Enlisted Record and Report of Separation, issued in conjunction with his 19 November 1945 discharge, reflects the highest grade held as staff sergeant and that he completed Radio Operator/Mechanic and Flexible Aerial Gunner Schools.

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AIR FORCE EVALUATION:

AFPC/DPPPWB recommends the application be denied and states, in part, that while the applicant may have been deserving of promotion, in the absence of documentation to the contrary, they must assume he was discharged in the proper grade.  Furthermore, the applicant’s unreasonable delay, now dating back over 58 years, is untimely and has greatly complicated the ability to determine the merits of his position.

The AFPC/DPPPWB evaluation is at Exhibit C.

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APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

During World War II, the engineer/gunner and radio operator/gunner carried the rank of technical sergeant and the rest of the gunners carried the rank of staff sergeant.  When the war ended, he was immediately assigned to a crew to ferry a B-24, Liberator, back to the United States for possible use in the Pacific ocean.  He has established his service during World War II and should not be penalized for the absence of original records.

Applicant’s complete response is 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 error or injustice.  While additional information surrounding the circumstances of this case would have been beneficial, a majority of the Board finds sufficient evidence to conclude that applicant was qualified for promotion.  The applicant states that based on his completion of the requisite training and service as a B-24, Liberator, radio operator/gunner in Italy, he was eligible for promotion to the grade of technical sergeant prior to his discharge.  He further states that prior to his discharge he was sent to ferry a plane back to the United States for possible use in the Pacific Theatre of Operation, during which time he raised the issue with his commanding officer and was told that it was too late and that he should have brought the issue up prior to his departure from Italy.  A majority of the Board believes the applicant has established that he was qualified for promotion and had he remained with his original unit in Italy, would have been promoted to the grade of technical sergeant; therefore, he has been the victim of an injustice.  In the absence of a basis to question the integrity of this World War II veteran, and in an effort to correct this injustice, a majority of the Board recommends that his records be corrected to show that he was promoted to the grade of technical sergeant on 18 November 1945.

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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 18 November 1945, he was promoted to the grade of technical sergeant; and on 19 November 1945, he was discharged in the grade of technical sergeant, rather than staff sergeant.

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The following members of the Board considered Docket Number BC-2004-02463 in Executive Session on 2 November 2004, under the provisions of AFI 36-2603:

By majority vote, the Board recommended to correct the recordsas recommended.  Mr. XXXX voted to deny the application but does not wish to submit a Minority Report.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 4 Jun 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPWB, dated 16 Sep 04.
    Exhibit D.  Letter, SAF/MRBR, dated 24 Sep 04.
    Exhibit E.  Letter, Applicant, dated 29 Sep 04.

AFBCMR BC-2004-02463

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 XXXXXXX, be corrected to show that on 18 November 1945, he was promoted to the grade of technical sergeant; and on 19 November 1945, he was discharged in the grade of technical sergeant, rather than staff sergeant.