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AF | BCMR | CY2000 | 0001830
Original file (0001830.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS

             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS



IN THE MATTER OF:      DOCKET NUMBER:  00-01830

            INDEX CODE:  100.00


            COUNSEL:  NONE

            HEARING DESIRED:  YES

___________________________________________________________________

APPLICANT REQUESTS THAT:

His grade be changed from Flight Officer to Second Lieutenant.

___________________________________________________________________

APPLICANT CONTENDS THAT:

Due to the large number of flying personnel being trained  at  the  time,
Congress ran out of commissions; however, more were to  be  issued  at  a
later date.  The dropping of the atom  bomb  ended  the  war,  and  as  a
result, he never applied for a commission.

He stated that he never did apply nor did he ever get the chance  to  fly
overseas and fight for his country.  Now that he is in  the  twilight  of
his life, he would be proud to bear the rank of  2nd  lieutenant  on  his
eulogy and obituary.  He also states that there is no error or  injustice
in his case.  He feels it would be an  honor  and  privilege  to  finally
receive his commission and respectfully makes this request.  He seeks  no
additional benefits or gains.

The applicant’s complete submission is attached at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant military records appear to have been destroyed in the 1973 fire
at the National Personnel Records Center.

Based on the available records, it appears that he enlisted in  the  Army
Air Corps on 9 Sep 42 and was honorably  discharged  on  16 Nov  45.   He
served 3 years, 2 months, and 7 days on active duty.  His  grade  at  the
time of his separation was flight officer.

___________________________________________________________________




AIR FORCE EVALUATION:

The Chief,  Skills  Management  Branch,  Directorate,  Personnel  Program
Management, AFPC/DPPAE, reviewed  this  application  and  indicated  that
according to Army Regulation  610-50,  Flight  Officers,  5 Nov  42,  the
selection  criteria  for  commissioning  included   flying   credentials,
leadership, judgement, and individual  merit.   Also,  a  flight  officer
could not be appointed as a second lieutenant until completion  of  three
months of service.

Applicant concedes there was no error or  injustice  that  prevented  his
appointment  as  a  second  lieutenant.   Therefore,  it  would  not   be
appropriate to grant his request based solely on his personal  desire  to
be a commissioned officer.  Based on the above, 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:

Applicant reviewed the Air Force evaluation and states that there was  an
injustice done to him.  As he stated, he was not at the top of his  class
nor at the bottom.  He was told there were not enough commissions  to  go
around because of high casualties and the vast  number  of  cadets  being
trained and as soon as more commissions were  made  available,  he  would
receive his.  He had just finished his training and had orders to join  a
crew to go overseas.  He was ready and cannot be blamed for serving  only
in this country.  In fact, he would have gone overseas but was trained in
B-24 aircraft which were  declared  obsolete  and  therefore  he  had  to
retrain in B-29 bombers which delayed his overseas service.

He again appeals to  the  Board  to  grant  him  the  commission  he  was
promised.  He did serve as a flight officer for over three months.

Applicant’s complete response 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.    Insufficient relevant evidence has been  presented  to  demonstrate
the existence of probable error or injustice.  After a thorough review of
the limited evidence of record and applicant’s  submission,  we  are  not
persuaded that his grade should be changed from flight officer to  second
lieutenant.  His contentions are duly noted;  however,  we  do  not  find
these uncorroborated  assertions,  in  and  by  themselves,  sufficiently
persuasive to override the rationale  provided  by  the  Air  Force.   We
therefore agree with the recommendation of the Air Force  and  adopt  the
rationale expressed as the basis for our decision that the applicant  has
failed to sustain his burden that he has suffered either an error  or  an
injustice.  Therefore, we find no compelling basis to recommend  granting
the relief sought.

4.    The applicant’s case is adequately documented and it has  not  been
shown that a personal appearance, with or without counsel,  will  add  to
our understanding of the issues involved.  Therefore, the request  for  a
hearing is not favorably considered.

___________________________________________________________________

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 21 September 2000, under the provisions of Air Force
Instruction 36-2603:

                  Mr. Gregory H. Petkoff, Panel Chair
                  Mr. William E. Edwards, Member
                  Mr. John E. Pettit, Member

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 21 Mar 00, w/atchs.
     Exhibit B.  Applicant's Available Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPAE, dated 8 Aug 00.
     Exhibit D.  Letter, AFBCMR, dated 18 Aug 00.
     Exhibit E.  Letter fr applicant, dated 31 Aug 00.




                                   GREGORY H. PETKOFF
                                   Panel Chair

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