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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