RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
INDEX CODE 131.06 131.09
IN THE MATTER OF: DOCKET NUMBERS: 01-00848
COUNSEL: None
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be promoted to the grade of major.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He would have been promoted to major if he had not been taken a
prisoner-of-war (POW). He includes Army/Air Corps officers’ letters,
dating from 1945-46, recommending his promotion to major and asserting
he was recommended for promotion to captain on or about 5 Mar 42.
His complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant’s military records are no longer available and may have
been destroyed by a major fire in 1973. The information provided
below was extracted from the documents he provided in his application
(Exhibit A) and rebuttal (Exhibit D).
The applicant entered active duty as a 2nd lieutenant on 11 Jul 41.
He was deployed to the Asiatic Pacific Theater (APT) on 1 Nov 41 and
arrived there on 20 Nov 41.
By Special Order No. 64, dated 12 Mar 42, the applicant was promoted
to the grade of 1st lieutenant effective 19 Feb 42. The HQ AFPC/DPPPO
advisory (Exhibit C) indicates that, in accordance with War Department
Circular 1, dated 1 Jan 42, the applicant would have had to perform
the duties of a captain for six months, or until Aug 42, before he was
eligible for promotion to that grade.
On or around 9 Apr 42, Bataan Peninsula, Philippines, where the
applicant was assigned as an intelligence staff officer to the 1st
Provisional Air Corps Regiment, surrendered to the Japanese. The
applicant received the Purple Heart, apparently for wounds sustained
in action on 7 Sep 44.
On 22 Oct 44, the applicant departed the APT and returned to the US on
6 Nov 44.
According to Special Order No. 295, dated 24 Oct 44, the applicant was
promoted to the grade of captain effective that date.
The applicant was discharged on 1 Aug 46 in the grade of captain with
5 years and 21 days of active service.
_________________________________________________________________
AIR FORCE EVALUATION:
The Chief, Officer Promotion Section, HQ AFPC/DPPPO, reviewed the
appeal and provided her rationale for recommending denial. The Chief
also notes that, according to War Department Circular 1, dated 1 Jan
42, the applicant would not have been eligible for promotion to
captain until Aug 42.
A complete copy of the evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant explains the surrender of Bataan not only stole his
captaincy but also possibly his majority. If he had been a major in
Bataan, he would have been promoted to lieutenant colonel when he
escaped following POW protocol at that time.
A complete copy of applicant’s response, with attachments, is at
Exhibit D.
_________________________________________________________________
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 evidence of record and the applicant’s submission, we are not
persuaded that he should be promoted to the grade of major. The
applicant’s contentions are duly noted but are insufficiently
persuasive to override the rationale provided by the Air Force. The
applicant was captured around Apr 42 and, upon his return in Sep 44,
was subsequently promoted to captain in Oct 44. We note the 1945-46
letters recommending the applicant for promotion to major and
indicating that he had been recommended for promotion to captain
sometime in Mar 42. However, we also note the applicant appears to
have been promoted to 1st lieutenant on 19 Feb 42. HQ AFPC/DPPPO
points out that War Department Circular 1 made the applicant
ineligible for promotion to captain until Aug 42. While the applicant
may have been recommended for promotion to major in 1945-46, there is
no evidence that the recommendation was, or would have been, approved
as he was discharged as a captain on 1 Aug 46. The applicant has not
demonstrated that his being a POW prevented his promotion to major or
that he should have been promoted to that grade following his release.
We therefore agree with the Air Force’s opinions and recommendations
and conclude this appeal should be denied. We emphasize, however, that
this conclusion should in no way be construed as any form of
diminishment of the applicant’s contributions, at significant personal
cost, towards our country’s victory in World War II.
_________________________________________________________________
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 1 August 2001 under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Vice Chair
Mr. William E. Edwards, Member
Mr. Thomas J. Topolski Jr., Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 20 Mar 01, w/atchs.
Exhibit B. Letter, HQ AFPC/DPPPO, dated 11 May 01.
Exhibit C. Letter, SAF/MIBR, dated 15 Jun 01.
Exhibit D. Letter, Applicant, dated 29 Jun 01, w/atchs.
THOMAS S. MARKIEWICZ
Vice Chair
AF | BCMR | CY2006 | BC-2006-00396
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...
AF | BCMR | CY2004 | BC-2004-00913
Officers were not recommended for promotion until they served the minimum time in grade (TIG) requirements. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPPPO asserts their review of all applicable regulations regarding POW promotions and the applicant’s record and found no documentation indicating he was recommended for promotion to captain upon his return to military control or that he should have been promoted under any other provisions...
AF | BCMR | CY2003 | BC-2003-01237
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 | CY2011 | BC 2011 03890
_________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSID recommends denial of the applicants request for award of the BSM w/1OLC, PH w/3OLCs, CIB, PUC w/2OLCs, PRPUC, APCM and Gold Star Lapel Ribbon On 5 Dec 13, the PH Review Board reviewed and approved the applicants request that his uncle be awarded the PH. While we have no documentary evidence that confirms, with any certainty, what period the former member was assigned to the 3rd...
ARMY | BCMR | CY2001 | 2001062162C070421
The applicant requests, in effect, that his service from 14 July 1942 to 27 June 1947, be recognized as service in the Army of the United Service (AUS) as a commissioned officer. The applicant was inducted into the AUS on 14 July 1942. An original WD Form 384 (War Department Officers’ Pay, Allowances, and Mileage Voucher), paid on 29 June 1947, shows that the applicant was an AUS first lieutenant in the infantry who entered active duty on 14 July 1942, from “Babadi, Nueva Vizcaya,”...
AF | BCMR | CY2004 | BC-2004-00199
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-00199 INDEX CODE: 131.00 XXXXXXXXXXXXXX COUNSEL: NONE XXXXXXXXXXX HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to show he was promoted to the grade of first lieutenant prior to the time he was a Prisoner of War (POW) and that he was promoted to the grade of captain based on his status as a...
AF | BCMR | CY2003 | BC-2003-01589
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-2003-03812
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 | CY2006 | BC-2006-01869
_______________________________________________________________ RECOMMENDATION OF THE BOARD: A majority of the Board finds insufficient evidence of error or injustice and recommends the application be denied. After careful consideration of your applicant and military records, the Board determined that the evidence you presented did not demonstrate the existence of material error or injustice. JOE G. LINEBERGER Director Air Force Review Boards Agency AIR FORCE BOARD FOR CORRECTION OF...
AF | BCMR | CY2005 | BC-2005-00995
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...