RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 98-02686
INDEX CODE: 131.00
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
He be considered for promotion to the grade of captain.
APPLICANT CONTENDS THAT:
He was not promoted to the grade of captain because he separated on 29
April 1946.
In support of the appeal, applicant submits letters of commendation, his
separation orders, and a recommendation for his promotion, dated
19 September 1945.
The applicant’s complete submission is attached at Exhibit A.
STATEMENT OF FACTS:
On 6 March 1943, the applicant was commissioned a second lieutenant in the
Army Air Corps and entered extended active duty.
The applicant was promoted to the grade of first lieutenant effective 26
February 1944.
In a letter, dated 19 September 1945, the Director, Supply and Services,
recommended the applicant be considered for promotion to the grade of
captain.
On 1 October 1945, a Recommendation for Promotion of Officer (WD AGO Form
78), dated 1 October 1945, was initiated which recommended the applicant’s
promotion to the grade of captain.
On 10 October 1945, the recommendation was returned for further
consideration. In addition, it was requested the following statement be
included under the remarks:
All officers under my assignment jurisdication serving in grades
higher than is warranted by the duties and responsibilities of their
positions, have been reassigned or have been reported as surplus to
the needs of this command.
On 29 April 1946, the applicant was separated in the grade of first
lieutenant.
AIR FORCE EVALUATION:
The Chief, Officer Promotion Section, AFPC/DPPPOO, reviewed this
application and states that sufficient evidence does not exist to show a
recommendation for promotion to the grade of captain was approved by the
appropriate service authorities.
AFPC/DPPPOO states that research into the applicant’s record obtained from
the National Personnel Records Center (MPRC) contain a recommendation for
promotion, dated 1 October 1945, from Colonel Breckenridge. However, the
record also contains a letter from Colonel Breckenridge’s servicing
headquarters stating in effect that the request was returned without action
because there was no certification from Colonel Breckenridge that all
officers serving in grades higher than is warranted by the duties and
responsibilities of their position have been reassigned or have been
reported as surplus to the needs of this command. There is no evidence to
support that a promotion for the applicant was pursued beyond this point as
subsequent endorsements to the promotion recommendation were not completed.
Therefore, they recommend denial of the applicant’s requests.
A complete copy of the Air Force evaluation is attached at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the applicant
on 4 January 1999, for review and response within 30 days. However, 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. We took notice of the
applicant's complete submission in judging the merits of the case; however,
we agree with the opinion and recommendation of the Air Force and adopt
their rationale as the basis for our conclusion that the applicant has not
been the victim of an error or injustice. Therefore, in the absence of
evidence to the contrary, we find no compelling basis to recommend granting
the relief sought in 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 in Executive
Session on 23 September 1999, under the provisions of AFI 36-2603:
Mr. Richard A. Peterson, Panel Chair
Mr. Edward H. Parker, Member
Mr. Laurence M. Groner, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 4 Aug 98, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPOO, dated 9 Dec 98.
Exhibit D. Letter, AFBCMR, dated 4 Jan 99.
RICHARD A. PETERSON
Panel Chair
The applicant’s complete submission is attached at Exhibit A. In a letter, dated 19 September 1945, the Director, Supply and Services, recommended the applicant be considered for promotion to the grade of captain. On 1 October 1945, a Recommendation for Promotion of Officer (WD AGO Form 78), dated 1 October 1945, was initiated which recommended the applicant’s promotion to the grade of captain.
At that time, he requested that the appropriate duty title be loaded into the personnel system. Although the OPB was received prior to the applicant reporting to his new duty station, he had sufficient time prior to the board to ensure his new duty information was updated and accurate. RICHARD A. PETERSON Panel Chair AFBCMR 01-01324 MEMORANDUM FOR THE CHIEF OF STAFF Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under...
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