RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:		DOCKET NUMBER:  BC-2007-01362
		INDEX CODE: 110.00
 	XXXXXXX				COUNSEL:  NONE
HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE: 5 NOVEMBER 2008

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APPLICANT REQUESTS THAT:

1.  The board determine the grade to which he is entitled.

2.  He receive an ID card reflecting the new grade. 

3.  He receive retirement pay effective 10 Nov 1972 in the new grade.

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APPLICANT CONTENDS THAT:

The current information in his records reflect "Discharged" and he believes this is not possible considering there has not been any legal activity to execute his discharge, which is a requirement. He states his commission was bestowed on him in the category of the Officer's Reserve Corps and there are only two possibilities that he is aware of that would terminate his commission, one being a court martial and the other a resignation and neither has occurred.  Therefore he believes he is still an officer in the Army or Air Force or both. 

In support of his request, the applicant submits several personal statements, WDAGO Form No 55 - Honorable Discharge from the Army of the United States, his Enlisted Record, AFPDC Form 50 - Assignment Recommendations, Air Force Reserve Qualification Data; WDAGO Form No 100 - Separation Qualification Record and copies of several special orders.

His complete submission, with attachments, is attached as the only Exhibit.

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STATEMENT OF FACTS:

Military personnel records pertaining to the applicant are unavailable.  It appears his records may have been destroyed by fire at the National Personnel Records Center (NPRC), St. Louis, Mo, in 1973.  Therefore, the facts surrounding his military service cannot be verified.  Data extracted from information provided by the applicant reflects he enlisted in the Army as an Aviation Cadet on 27 Feb 42 and was discharged on 9 Nov 42 after completion of training.  On 10 Nov 42, he entered the Army Air Force and served in various assignments until his separation on 30 Oct 45.
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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 an error or injustice.  While the applicant's request is somewhat ambiguous, it appears he is asking that the Board determine the status of his commission as an officer in the Air Force contending that he was never separated from his Reserve status; and therefore, is eligible for retirement consideration.  This Board is not an investigative body and as in all cases presented before us, the burden of proving the existence of either an error or injustice rests solely upon the shoulders of the applicant.  In order to qualify for an active duty retirement, the law requires that a servicemember serve at least 20 years on active duty, unless otherwise authorized by law.  In order to qualify for a Reserve retirement, a servicemember must participate and accrue 20 years of satisfactory Federal service, unless authorized otherwise by law.  Unfortunately the applicant's records appear to have been destroyed by fire at the NPRC in 1973.  The only documentation available to verify his military service is that submitted by the applicant.  Documentation provided reflects he served in the Army and Army Air Force from 27 Feb 42 until his separation on 30 Oct 45 in the grade of first lieutenant.  We are unable to find any documentation in the evidence presented before us, which shows service meeting the requirements established by law for either an active or Reserve retirement or that he attained rank higher than first lieutenant.  Furthermore, a review of the information maintained in the military personnel data system failed to show the existence of service qualifying for retirement or that he served in any grade higher than first lieutenant.  We are not ungrateful or unappreciative of his service to this nation and our determination in no way is meant to demean his contributions and service.  However, in the absence of evidence contrary to the above, we find no compelling basis to recommend granting the relief sought in 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 issues 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 Docket Number BC-2007-01362 in Executive Session on 2 October 2007 under the provisions of AFI 36-2603:

			, Panel Chair
		, Member
		, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2007-01362 was considered:

		  Exhibit - DD Form 149, dated 10 Apr 07, w/atchs.

	
	Panel Chair