RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 97-02646
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be promoted to the grade of captain.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The reasons the applicant believes the records to be in error or unjust and
the evidence submitted in support of the appeal are at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application, extracted from the
applicant's military records, are contained in the letter prepared by the
appropriate office of the Air Force. Accordingly, there is no need to
recite these facts in this Record of Proceedings.
_________________________________________________________________
AIR FORCE EVALUATION:
The Acting Chief, Officer Promotion and Appointment Branch, AFPC/DPPPO,
reviewed this application and states that in May 1945 the Army and Navy
adopted a policy of giving special promotion consideration to officers who
were Prisoners-of-War (POWs) at the time they presumably would have been
advanced in grade. On 19 August 1945, Army Air Force Redistribution Center
Station Number 1, Atlantic City, requested information in regard to the
applicant’s grade based on data he provided. On 1 September 1945, the
Adjutant General’s Office advised them the applicant was promoted to first
lieutenant on 25 May 1944 and no further action was taken to process him
for an additional promotion. On 2 October 1945, the applicant accepted
appointment as a first lieutenant in the Officers’ Reserve Corps. The
applicant has not provided any evidence to support his contention that he
is entitled to be promoted to the grade of captain. Therefore, they
recommend denial of his request.
A complete copy of the Air Force evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the Air Force evaluation and provided a response
which is attached at Exhibit E.
_________________________________________________________________
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. Sufficient relevant evidence has been presented to demonstrate the
existence of probable error or injustice. In this respect, we note that
applicant was promoted to the grade of first lieutenant on 25 May 1944 and
was shot down on 29 May 1944 and interned as a POW. His records were not
updated to reflect his promotion and on 13 May 1948, he was promoted to the
grade of first lieutenant since he met the eligibility criteria for
consideration for promotion of former POWs. It appears that had his
records been correct at the time of this consideration, he would have been
promoted to the grade of captain since he was promoted to the grade of
first lieutenant prior to his internment as a POW. It is highly probable
the absence of any further action on the promotion consideration in this
case was a result of an oversight during a period of turmoil caused by
demobilization of the forces and the fact that he was promoted to first
lieutenant 4 days prior to his internment as a POW. We believe any doubt
in this matter should be resolved in the applicant’s favor and that his
records should be corrected to show he was promoted to the grade of captain
on the day following his return to the jurisdiction of United States
military authorities.
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating
to APPLICANT, be corrected to show that:
a. He was promoted to the grade of captain, effective 30 April
1945.
b. On 4 November 1945, he was relieved from active duty in the
grade of captain, rather than second lieutenant.
c. On 3 April 1948, he was order to active duty in the grade of
captain, rather than first lieutenant.
d. On 22 November 1948, he was relieved from active duty in the
grade of captain, rather than first lieutenant.
The following members of the Board considered this application in Executive
Session on 10 February 1999, under the provisions of AFI 36-2603:
Mr. Richard A. Peterson, Panel Chair
Mr. Vaughn E. Schlunz, Member
Mr. Walter J. Hosey, Member
Mr. Phillip E. Horton, Examiner (without vote)
All members voted to correct the records, as recommended. The following
documentary evidence was considered:
Exhibit A. DD Form 149, dated 5 Sep 97, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPO, dated 13 Jan 98.
Exhibit D. Letter, SAF/MIBR, dated 16 Mar 98.
Exhibit E. Letter, Applicant, dated 20 Mar 98, w/atchs.
RICHARD A. PETERSON
Panel Chair
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