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AF | BCMR | CY1998 | 9802686
Original file (9802686.doc) Auto-classification: Denied

                            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

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