RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00814 COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: 1. The former member be promoted to the grade of sergeant. 2. The former member be awarded the Air Medal with One Oak Leaf Cluster (AM w/1OLC) – administratively corrected. ___________________________________________________________________ APPLICANT CONTENDS THAT: He has two orders which reflect an Air Medal for each order. In support of his request, the applicant provides a copy of a letter from the Department of the Army, a copy of the former member’s general orders, a copy of the former member’s Army discharge certificate, a copy of the former member’s WD AGO Form 53-55, Enlisted Record and Report of Separation Honorable Discharge, a copy of the former member’s WD AGO Form 100, Separation Qualification Record, a copy of the former member’s education record, and a copy of the former member’s death certificate. His complete submission, with attachments, is at Exhibit A. ___________________________________________________________________ STATEMENT OF FACTS: The applicant’s records were destroyed by the fire at the National Personnel Records Center (NPRC) in 1973. According to the former member’s WD AGO Form 53-55, he served in the Regular Army, from 28 Dec 43 to 15 Jan 46, as an aerial gunner. The former member’s WD AGO Form 53-55 reflects he was awarded an AM w/OLC (DPSOY administratively corrected his DD Form 214, Certificate of Release or Discharge from Active Duty, to reflect AM w/1OLC (see Exhibit B)). The former member was discharged in the grade of corporal (CPL). According to the former member’s general order number 2012, dated 25 Sep 45, his rank is reflected as sergeant. The same general order awarded him the AM w/1OLC. However, the former member’s discharge certificate and record of enlistment reflect his rank as corporal. AFPC/DPSIDR has corrected the former member’s award of the Asiatic Pacific Service Medal to read Asiatic-Pacific Service Medal with one Silver Service Star and corrected his record to reflect the AM w/1OLC versus AM w/OLC. ___________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOE recommends denial of the request to promote the former member to sergeant. DPSOE states this application should be time barred. Based on extremely limited records and the passage of time, it is not possible for DPSOE to determine whether the member’s rank at the time of discharge was in error. Although the decoration order dated 25 Sep 45 refers to the former member as “sergeant,” the order is not an official document with regard to his official military rank. Unless the applicant can provide a copy of a promotion order or a financial statement showing his uncle’s rank as sergeant, DPSOE must assume the rank reflected on his separation documents are accurate. DPSOE reminds the Board that the applicant has made it very difficult to determine the merits of his position for something that goes back more than 63 years. The DPSOE complete evaluation is at Exhibit C. ___________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 30 Jul 10 for review and comment within 30 days. As of this date, this office has received no 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. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice with regard to the applicant’s request to promote the former member to the grade of sergeant. The applicant’s contentions are duly noted; however, we find no evidence of error in this case and after thoroughly reviewing the documentation that has been submitted in support of his appeal, we do not believe he has suffered from an injustice. Therefore, relief beyond that granted administratively is not warranted. Therefore, we find no basis to favorably consider this application. _________________________________________________________________ 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. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-00814 in Executive Session on 13 Oct 10, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 23 Feb 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOE, dated 6 Apr 10. Exhibit D. Letter, SAF/MRBR, dated 30 Jul 10.