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AF | BCMR | CY1999 | 9702646
Original file (9702646.doc) Auto-classification: Approved

                             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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