AIR  FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

IN THE MATTER OF: 

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DOCKET NUMBER:  97-02074 
COUNSEL:  NONE 
HEARING DESIRED:  YES 

APPLICANT REOUESTS THAT: 
His  original appointment as  captain  in the  Reserve  of  the Air 
Force be  amended  to  reflect  a  normal  progression  of  promotion 
commensurate  with  his  commissioned  peers.  He  be  tendered  an 
appointment  in the Reserve  of  the Air  Force with  a  retirement 
grade of brigadier general. 

APPLICANT CONTENDS THAT: 
He was discriminated against because of his Polish descent.  This 
discrimination occurred at  the beginning  of his  career in 1943 
and was ongoing. 
In  support  of  his  request,  applicant  submits  a  personal 
statement,  congressional  inquiries  and  additional  documents 
associated with the issues cited in his contentions (Exhibit A). 

STATEMENT OF FACTS: 
The applicant was  an enlisted member  of  the United  States Army 
Air Corps from 16 April 1942 until 5 March 1943, on which date he 
was  honorably  discharged  to  accept  a  commission  as  a  second 
lieutenant, Army Air Corps.  On 6  March 1943, he was commissioned 
a second lieutenant, Army Air Corps and subsequently promoted to 
first  lieutenant  (temporary) on  13  January  1944.  On  25  June 
1945, he was relieved from active duty due to demobilization and 
assigned to an inactive status in t h e   Air Force Reserve.  During 
the  period  30 April  1948 through  26 April  1954,  the  applicant 
served as both an enlisted member in the Regular Air Force and an 
officer in the Air Force Reserve. 
On  30  August  1954,  the  applicant  was  appointed  a  first 
lieutenant, Reserve  of  the Air  Force, Inactive Reserve  Status, 
for an indefinite term appointment and subsequently promoted  to 
the grade of captain, Reserve of the Air Force, on 22 September 
1954. 
On  31 July  1956, applicant  was  released  from the Nonaffiliated 
Reserve Section (NARS) and honorably discharged from commissioned 

status as Reserve of the Air  Force and from all appointments in 
the USAF by reason of resignation acceptance. 

On  1 August  1956,  the applicant enlisted in the Reserve  of  the 
Air  Force  in  the  grade  of  technical  sergeant  (E-6) and  was 
recalled to active  duty.  He  was  honorably  discharged from the 
Air Force Reserve, in the grade of master sergeant  (E- 7)  for the 
purpose  of  reenlistment.  On  12 December  1958,  the  applicant 
enlisted in the Regular Air  Force in the grade of E-7,  with the 
date of rank  (DOR) of  1 September 1957.  His last enlistment in 
the Regular Air Force was on 12 December 1964. 
A  copy  of  the  applicant's  statement  of  service  is  appended  at 
Exhibit B. 

On  25  May  1967,  a  Medical  Evaluation  Board  (MEB) convened  at 
AFB  and  recommended  the  applicant  be  transferred  to 
facility for further hospitalization and disposition for 
symptoms resulting from chronic dislocating right shoulder since 
1951, peptic ulcer since 1962 and gout for approximately 3 years' 
duration,  prior  to  his  voluntary  retirement.  On  21  September 
1967, the MEB at F
 recommended the applicant be referred 
to a Physical Ev luation Board  (PEB).  On 5 October 1967,  a PEB 
convened  and  found  the  applicant  unfit  because  of  physical 
disability  and  that  the  disability was  incurred  in the  line of 
duty. 
The  PEB  recommended  the  permanent  retirement,  with  a 
compensable disability rating of 40% and the applicant concurred 
with the findings and recommendations of the PEB. 

A

F

B

On  7  November  1967,  the applicant, while  on active duty  in  the 
grade  of  master  sergeant,  submitted  an  application  for 
appointment  in  the  Reserve  for  the  purpose  of  transfer  to  the 
Retired  Reserve  in  the  highest  grade  held  (captain). 
On 
2 January  1968,  the  Secretary  of  the  Air  Force  approved  the 
applicant's  request for reappointment in the Air Force Reserve in 
the grade of captain and  for assignment to the Retired Reserve. 
On  19  January  1968,  the  applicant  was  appointed  a  captain, 
Reserve of the Air Force.  On 23 February 1968, the applicant was 
relieved  from  active  duty  in  the  grade  of master  sergeant  and 
retired for physical disability in the grade of captain, Reserve 
of  the Air  Force, with  a  compensable percentage of  40  percent. 
He had a total of 20 years, 9 months and 1 day of active service 
for retirement and 25 years, 10 months and 8 days of service for 
basic pay at the time of his retirement. 

AIR FORCE EVALUATION: 

The  Acting  Director  of  Assignments  and  Readiness,  HQ AFPC/DAO, 
reviewed  this  application  and  recommended  denial.  DAO  stated 
that  the  applicant  enlisted on  16  April  1942  then  separated to 
accept  a  commission  on  5  March  1943. 
On  1  August  1956,  his 
request to resign his commission to enlist for the opportunity to 
return to active duty was approved.  He retired in the grade of 

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captain,  effective  24  February  1968. 
After  review  of  the 
records, DAO  found no  error or  injustice in  the  application  of 
procedures in effect at the time of applicant's  appointment.  The 
applicant  presented  no  documentation  to  support  his  claims  of 
discrimination  and  there  is  no  evidence  that  the  alleged 
discrimination precluded the applicant from being considered for 
opportunities  available  to  other  uniformed  members  (e.g. 
promotions  and  assignments) . 
A  copy  of  this  evaluation  is 
appended at Exhibit C. 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

The applicant reviewed the advisory opinion and indicated that in 
World War  11, pilots and co-pilots were  routinely promoted  over 
Navigator-Bombardiers  and  other  commissioned  aircrew  members. 
This  was  common  practice.  He  was  the  officer  responsible for 
putting the bombs on the target and navigating to the target.  He 
was  a member  of  'D" 
flight which  was  then  labeled the  "Polack 
Flight."  Persons with  foreign-sounding  names  were  assigned  to 
this flight. 

In support of his  request, the applicant submitted a  commentary 
describing the attributes required of a Warrior  Combat Officer. 
Applicant's  complete submission is appended at Exhibit E. 

THE BOARD CONCLUDES THAT: 

The applicant has exhausted all remedies provided by existing 

1. 
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.  We 
took notice of the applicant's complete submission in judging the 
merits of the case and noted his contributions in the service and 
his  numerous  decorations. 
However,  we  found  no  evidence  of 
discrimination on the part of the Air Force.  Other than his own 
assertions, the applicant has provided no substantiation for his 
claim that he was denied promotion because of his Polish descent. 
The  applicant  has  failed  to  provide  evidence  showing  any 
discrimination,  regulatory  violation  or  that  the  alleged 
discrimination  prevented  him  from  being  considered  f o r  
promotion/assignment  opportunities  available  to  other  members. 
In view of the foregoing, and in the absence of evidence to the 
contrary, we  find no compelling basis  to  recommend granting the 
relief sought in this application. 
4.  The applicant's case is adequately documented and it h a s   not 
been  shown  that  a  personal  appearance  with  or  without  counsel 

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will  materially  add  to  our  understanding  of  the  issue(s) 
involved.  Therefore, the request for a hearing is not favorably 
considered. 

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. 

16 Mar 98; and, a commentary, dated 26 Apr 98. - 

DD Form 149, dated 26 Apr 97, w/atchs. 
Applicant's Master Personnel Records. 
Letter, HQ ARPC/DAO, dated 3 Dec 97. 
Letter, SAF/MIBR, dated 22 Dec 97. 
- Letters from applicant, dated 30 Dec 97 and 

Mr. Thomas S. Markiewicz, 
Mr. Jackson A. Hauslein, Member 
Mr. Michael P. Higgins, Member 

Panel Chair 

The following members of the Board considered this application in 
Executive  Session  on  9  July  1998, under  the  provisions of  AFI 
36-2603 : 

The following documentary evidence was considered: 

Exhibit 
Exhibit 
Exhibit 
Exhibit 
Exhibit 

A. 
B. 
C. 
D. 
E. 

THOMAS S. MARKIEWICZ 
Panel Chair 

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