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AF | BCMR | CY1998 | 9700927
Original file (9700927.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  97-00927

      XXXXXX     COUNSEL:  None

      XXXXXXX    HEARING DESIRED: No

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be promoted to the grade of lieutenant colonel.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was a Prisoner of War (POW) from     to about  .  Before he became a  POW
he was recommended for first lieutenant.  He had his picture  taken.   After
the war ended, he became  a  civilian.   He  rejoined  in    and  served  in
Vietnam until  .  He was given a discharge in    .

_________________________________________________________________

STATEMENT OF FACTS:

On             , applicant was appointed a Flight  Officer  (F/O),  Army  of
the United States (AUS), and entered active duty.

On    , applicant was recommended for appointment to 2nd Lieutenant  in  the
AUS.

Applicant was a POW from      through         while serving in the AUS  (Air
Corps), in the grade of F/O.

On   , the recommendation for the applicant’s appointment to 2nd  Lieutenant
was returned without action since applicant was Missing in Action.

On       , applicant was honorably discharged from the Army  of  the  United
States, in the grade of F/O and transferred to the inactive status.  He  had
served 2 years, 7 months, and 16 days.

On      , the applicant was appointed  a  Reserve  Warrant  Officer  of  the
Army, in the grade of WO-1.

On       , the applicant  was  transferred  to  the  inactive  list  of  the
Standby Reserve.

On      , the applicant was relieved from the  USAR  Control  Group  Standby
(inactive) and assigned to the USAR Control Group Reinforcement.

On     , the applicant transferred to  active  status  in  the  USAR,  Ready
Reserve.

On             , the applicant was discharged from the active status, USAR.

On        , the applicant was honorably discharged  from  the  USAR  in  the
grade of CWO-2 for failure to maintain active status.

_________________________________________________________________

AIR FORCE EVALUATION:

The Superintendent, Officer Promotion Management, Dir of  Personnel  Program
Management, AFPC/DPPPOO, reviewed the application and states that  in  order
for the applicant to be considered for promotion  to  the  grades  of  first
lieutenant  through  lieutenant  colonel,  the  applicant  must  have   been
appointed as a second lieutenant while on  active  duty.   If  it  is  found
through further review that the  applicant  should  have  been  appointed  a
second lieutenant, they will readdress any further  promotion  actions.   At
this time, there is no documentation to support his request.

A complete copy of the evaluation is attached at Exhibit C.

The Chief, Skills Management Branch, Directorate of Personnel  Program  Mgt,
AFPC/DPPAE,  reviewed  the  application  and  states  that  the  applicant’s
records indicate he was recommended at the local unit level,  however,  that
by itself is not sufficient  documentation  to  conclude  it  was  the  only
requirement he had to meet to be commissioned or that an error or  injustice
occurred.  Furthermore, after the war he voluntarily elected to  discontinue
military service, thereby voiding the pending commissioning  action.   There
is no evidence to positively refute the applicant’s contention that  had  it
not been for the timing of  his  capture  as  a  POW,  he  would  have  been
appointed a 2nd lieutenant.  Therefore, they defer the appointment  decision
to the board.

A complete copy of the evaluation is attached at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to  the  applicant
on 13 October 1997, for review and response.  As of this date,  no  response
has been received by this office.

_________________________________________________________________

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  probable  error  or  injustice.   The  Air  Force  states  the
applicant was recommended at the local  unit  level  for  appointment  as  a
commissioned officer  in  the  grade  of  second  lieutenant  and  that  his
application was returned without  action  as  a  result  of  being  declared
missing in action.  However, being recommended at the local  unit  level  by
itself is not sufficient evidence that it was the only  requirement  he  had
to meet to be commissioned.  We also note that the  policies  in  affect  at
that time as outlined in AR 615-150, 5 Nov 42, paragraph 8(b)  states,  “The
system for selecting those flight officers who will be  commissioned  second
lieutenants in the Army of the United  States  will  be  prescribed  by  the
Commanding General, Army Air Forces.”  In view of the foregoing and  in  the
absence of evidence to  the  contrary,  we  find  no  basis  upon  which  to
recommend favorable action on this application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of probable 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  this  application  on  22
September 1998, under the provisions of AFI 36-2603:

                 Panel Chair
                 Member
                 Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 22 Apr 94, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPOO, dated 23 Jul 97.
   Exhibit D.  Letter, AFBCMR, dated 13 Oct 97.




                                             Panel Chair

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