Search Decisions

Decision Text

AF | BCMR | CY1999 | BC-1997-02646
Original file (BC-1997-02646.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

Similar Decisions

  • 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. _________________________________________________________________ STATEMENT OF FACTS: The relevant facts pertaining to this application, extracted from the applicant's military records, are contained in the letter...

  • AF | BCMR | CY2004 | BC-2003-03812

    Original file (BC-2003-03812.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-03812 INDEX CODE: 107.00; 131.05 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to show he was promoted to the grade of first lieutenant based on his status as a Prisoner of War (POW), he be awarded the Silver Star, and he be given appropriate recognition (award) for actions...

  • AF | BCMR | CY2001 | 0101767

    Original file (0101767.doc) Auto-classification: Approved

    They therefore, recommended that the applicant’s records be corrected to show he was promoted to the grade of first lieutenant effective upon his release from active duty (Exhibit C). The applicant correctly notes that the governing regulation was amended on 9 December 1944 to authorize the submission of a recommendation for promotion to first lieutenant of any second lieutenant who had completed 18 months of service in the grade, provided the individual was qualified for, and worthy of,...

  • AF | BCMR | CY1999 | 9803206

    Original file (9803206.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 98-03206 INDEX CODE: 131.09 APPLICANT COUNSEL: None HEARING DESIRED: No ___________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to show that, prior to his relief from active duty on 8 November 1945, he was promoted to the grade of first lieutenant. He was returned to military control on 1 May 1945, having been in POW status...

  • AF | BCMR | CY2005 | BC-2005-00995

    Original file (BC-2005-00995.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-00995 INDEX CODE: 107.00 XXXXXXXXXXXXXXXXX COUNSEL: NOT INDICATED XXXXXXXXXXXXXXXXXX HEARING DESIRED: NOT INDICATED MANDATORY CASE COMPLETION DATE: 25 AUG 2006 _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to show he was promoted to the grade of captain and he served on active duty from 24 February 1943 to 12...

  • AF | BCMR | CY2003 | BC-2003-01589

    Original file (BC-2003-01589.doc) Auto-classification: Denied

    DPPPO’s complete evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 23 May 2003 for review and comment within 30 days. Other than the once approved promotion opportunity for POW’s, that the applicant was provided in 1945 when he was promoted to captain, there appears to be no other avenues for promotion other than the Air Force promotion...

  • AF | BCMR | CY2004 | BC-2003-03241

    Original file (BC-2003-03241.doc) Auto-classification: Denied

    He states, since there are no records available to support a promotion as a member of the 55th Fighter Group, in 1944, he requests that he receive a promotion to first lieutenant, effective 24 December 1944 as authorized by Congress in 2001. Since he would then be a first lieutenant, at the time of his promotion at Wright-Patterson AFB, he requests that promotion, effective that date, be to captain. As stated, although the applicant was promoted to first lieutenant, we do not have any...

  • AF | BCMR | CY2003 | BC-2003-01237

    Original file (BC-2003-01237.DOC) Auto-classification: Denied

    On 2 April 1944, the applicant was appointed a temporary second lieutenant (2LT), Air Corps, Army of the United States, and was voluntarily ordered to extended active duty. On 23 October 1945, the applicant was recommended for promotion to the grade of first lieutenant (1LT) based on his service record and because it was presumed that if he had not been a POW, he would have been promoted. He was promoted to the grade of captain, Reserve of the Air Force, with an effective date of 1 July 1955.

  • AF | BCMR | CY2005 | BC-2005-01524

    Original file (BC-2005-01524.doc) Auto-classification: Denied

    During World War II, the Far East Air Force had an established policy whereby a DFC was awarded upon the completion of 500 combat hours and an AM was awarded upon the completion of 100 combat hours. ________________________________________________________________ AIR FORCE EVALUATIONS: AFPC/DPPPR recommends the applicant’s request for the DFC be denied and states, in part, that the applicant did not provide a letter of recommendation to verify his entitlement to the DFC. ...

  • AF | BCMR | CY2006 | BC-2006-00396

    Original file (BC-2006-00396.doc) Auto-classification: Approved

    He was promoted to the rank of first lieutenant while a POW, and should have been promoted to captain upon his release. Applicant has not provided any evidence that he was recommended for promotion to captain. Additionally, without the applicant’s record, they cannot determine whether he should have been promoted under any other provisions in policy or law HQ AFPC/DPPPO’s complete evaluation is at Exhibit C. ___________________________________________________________________ APPLICANT'S...