RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02536
		INDEX NUMBER:  100.00, 110.00

		COUNSEL:  XXXX XXXX

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His Enlisted Record and Report of Separation, WD AGO Form 53-55, be corrected to reflect sergeant versus corporal.

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APPLICANT CONTENDS THAT:

He was promoted to the grade of sergeant before he left Guam (approximately five weeks before being discharged).  He has no documentation reflecting he was promoted to the grade of sergeant but states his records should contain evidence he was.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant entered active duty in the Army Air Force on 20 Mar 43; he was discharged for the Convenience of the Government on    25 Feb 46, in the grade of corporal.

A similar appeal was considered and denied by the Board on 5 Mar 98.

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AIR FORCE EVALUATION:

AFPC/DPPPWB recommends the applicant’s request be denied based on timeliness.

A review of the applicant’s records reveals no promotion orders to indicate he was ever promoted to sergeant.  His Enlisted Record and Report of Separation reflects his grade at the time of discharge and highest grade held as corporal.

A complete copy of the Air Force evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant contends an agent was told of his promotion to sergeant and stated that when the official document showing his promotion was received, his records would be corrected.  He did not follow up until a speaker at a veteran’s meeting informed him to apply for changes as needed.  He was informed all of his records were burnt in a fire in St. Louis.  The ratings were posted on a squadron bulletin board, no one received a paper notification.  He wants the correct rating on his stone when he passes on.  (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.  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; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Therefore, in the absence of evidence substantiating that the applicant was promoted to the grade of sergeant, we find no compelling basis to recommend granting the relief sought in this application.

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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 Docket Number BC‑2004-02536 in Executive Session on 19 October 2004, under the provisions of AFI 36‑2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 23 Oct 03.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPWB, dated 23 Aug 04.
    Exhibit D.  Letter, SAF/MRBR, dated 10 Sep 04.
    Exhibit E.  Letter, Applicant, dated 20 Sep 04, w/atch.