RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04016

XXXXXXXXXXXXXXXXXX	COUNSEL: NONE
	
	HEARING: NO

APPLICANT REQUESTS THAT:

His rank at discharged be upgraded from Aviation Cadet to Second Lieutenant.

APPLICANT CONTENDS THAT:

While attending pilot training as a member of the United States Army Air Force he was gravely injured during a plane crash where he sustained two broken legs, head injuries and substantial blood loss.  Ten months after his injures he was able to re-enter training, however, during parachute training he re-fractured one of his legs.  This required thirteen months of rehabilitation and with World War II ending, he was discharged with an Honorable discharge as an Aviation Cadet.  He is not looking for any financial payment however, just looking for the honor of being labeled as a 2nd Lieutenant in the United States Air Force after 73 years.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Army Air Force (AAF) aviation cadet.  

On 12 Dec 42, the applicant enlisted as a Private in the AAF.

On 26 Feb 43, the applicant entered active service with the AAF.

On 26 Apr 46, the applicant was separated from the AAF in the grade of Aviation Cadet.  The applicant was awarded the American Campaign Medal, the Good Conduct Medal and the World War II Victory Medal.  He was credited with three years, two months and one day of active service.  For more information, see Exhibit A.

On 23 Dec 16, the National Personnel Records Center (NPRC) informed the Air Force Board of Corrections of Military Records that the applicants records were destroyed in a fire at NPRC on 12 Jul 73.  For more information, please see Exhibit B.

AIR FORCE EVALUATION:

AFPC/DP2STM did not make a recommendation in regards to the application since the applicant is requesting an exception to policy. The applicant was injured during pilot training due to a plane crash, which resulted in the applicant being hospitalized for two years.  This resulted in him being removed from the pilot training program and being discharged from the Army Air Force as an Aviation Cadet.  He was unable to be promoted to the rank of Second Lieutenant due to not completing all aspects of pilot training. The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 12 Jul 18 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error or injustice.  The Board finds that the evidence is not sufficient to warrant granting the requested relief. The Board also notes the applicant did not file the application within three years after the alleged error or injustice was discovered, or should have been discovered, as required by Title 10, United States Code, Section 1552, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  While the applicant asserts a date of discovery less than three years before the Board’s receipt of the application, the Board does not find the assertion reasonable.  The Board finds the application untimely and concludes it would not be in the interest of justice to excuse the delay.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2016-04016 in Executive Session on 4 Sep 18:

, Panel Chair
, Panel Member
, Panel Member

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 10 Dec 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records
Exhibit C:	Advisory opinion, AFPC/DP2STM, dated 12 Oct 17.
Exhibit D:	Notification of Advisory, AFBCMR to applicant, dated 12 Jul 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.