RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  01-01767
            INDEX CODE:  131.06
            COUNSEL:  None

            HEARING DESIRED:  No

___________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show he was promoted to the  grade  of  first
lieutenant effective 10 January 1945 based on his status as a Prisoner of
War (POW) according to  AR  605-12,  paragraph  4(d),  as  amended  on  9
December 1944.

___________________________________________________________________

APPLICANT CONTENDS THAT:

It was policy in the 9th Air Force to promote second lieutenants to first
lieutenant after completion of 15 combat missions.  This was not followed
in his group.  Army Regulation (AR) 605-12 Section II, paragraph  4,  D5,
effective August 1946, authorized one-grade promotions for POWs.  He flew
25 missions in the European Theater  of  Operations  (ETO)  from  May  to
August 1944 and was shot down on the 26th mission near Chartres,  France.
He was a Prisoner of War from 4 August 1944 until 7 May 1945.  He started
writing letters in 1947 to various  agencies  and  finally  received  his
promotion in 1951 after he was recalled during the Korean  conflict.   He
had 4 service separations -- all honorable.

In support of his application,  he  provided  a  personal  statement  and
copies  of  correspondence  associated  with  his  attempts   to   obtain
information concerning promotion.  The applicant’s complete submission is
at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

The applicant’s records were destroyed in the 1973 fire at  the  National
Personnel Records Center.  The following information was  extracted  from
documents provided by the applicant.

On 27 June 1940, the applicant enlisted in the Army of the United  States
at the age of 19.  He was subsequently appointed an aviation  cadet  and,
on 9 July 1943, he was honorably discharged from enlisted status for  the
convenience of the government, and his appointment as an  aviation  cadet
was terminated.  He was appointed a second lieutenant, Army of the United
States (AUS), Air Corps (AC) on 10 July 1943 and entered active  duty  on
that same date.  Effective 22 March 1944, he was assigned  to  duties  in
the ETO and performed duties as a bombardier.  Before becoming a POW,  he
was credited with 450 flying hours, of which 95 hours were in combat over
Europe.  There is no official document in the available  records  showing
the duration of the applicant’s incarceration other than  his  statements
that he was shot down on 4 August 1944 and was liberated on 29 April 1945
(a period of approximately eight and one-half  months).   (The  applicant
also states he was returned to military  control  on  7  May  1945.)   He
returned to the Continental United States on 3 June 1945 and was released
from active duty on 29 November 1945 by reason of demobilization.  He was
credited with 1 year and 2 months of service in  the  Continental  United
States and 1 year, 2 months and 20  days  of  Foreign  Service.   He  had
participated in the  Normandy  and  Northern  France  campaigns  and  was
awarded the European African Middle Eastern Theater Service Medal and the
Air Medal with 3 Oak Leaf Clusters.

The applicant served on active duty in enlisted status in the Regular Air
Force from 31 October 1946 until 10 September 1949, when he was honorably
discharged in the grade of technical sergeant.  He was appointed a second
lieutenant (permanent) in the Air Force Reserve on 22 September 1947  and
served on active duty as a commissioned officer from 3 January 1951 until
2 June 1952, when he was honorably released from active duty in the grade
of first lieutenant (with a date of rank of 2 April  1951).   Information
maintained in the Personnel Data System reveals  that,  effective  17 May
1981, having been credited with 20  years  and  4  days  of  satisfactory
Federal service on 30 June 1962, the applicant was retired in  the  grade
of major.  Service per 10 USC 1332 was 24 years and 4 years.  Service for
basic pay was 40 years, 10 months and 21 days.

___________________________________________________________________

AIR FORCE EVALUATION:

The Officer Promotion Management, AFPC/DPPPO, reviewed  this  application
and  recommended  approval.   DPPPO  indicated  that   requirements   for
promotion were governed by AR 605-12, Temporary Promotion in the Army  of
the  United  States.   Normally,  officers  were  not   recommended   for
promotion, nor were recommendations forwarded, or promotions approved  by
a commander exercising promotion authority  unless  a  promotion  vacancy
existed under the jurisdiction of the commander concerned in the grade to
which  promotion  was  recommended.   In  addition,  officers  were   not
recommended for promotion until they  served  the  minimum  time-in-grade
requirements.  On 9 December 1944, AR 605-12 was amended to allow  second
lieutenants who had completed 18 months of  service  to  be  promoted  to
first lieutenant without regard to the Table of Organization or  allotted
vacancies.  This authorization was not  to  be  used  for  the  automatic
promotion of all second lieutenants but was  reserved  for  those  denied
merited advancement solely because they were not  assigned  to  positions
established for the higher grade.  After noting the untimeliness  of  the
application and although there is no documentation available  to  support
the applicant’s claim, based on a decision by the Board in a similar case
in 1989, DPPPO believes that the applicant would have  been  promoted  to
the grade of first lieutenant either as a result  of  his  internment  or
under the provisions of  the  terminal  leave  promotion  program.   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).

___________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and  disagrees  with  the
recommendation for promotion on the date  of  his  separation.   He  also
disagrees that his application should be dismissed based on the  doctrine
of laches.  He believes that the provisions of AR 605-12, as  amended,  9
December 1944, would govern his promotion to first lieutenant.   If  this
is the proper conclusion, his promotion should have been effective on  10
January 1945, not 29 November 1945.  As to the unavailability of  records
for a promotion recommendation, this would seem impossible when one is in
a prisoner of war camp and,  upon  liberation,  as  a  participant  in  a
massive reduction in force.  His service career and subsequent retirement
are certainly no indication that, had  circumstances  been  different,  a
recommendation would not have been forthcoming.

The applicant’s review is 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 injustice.

      a.  The  applicant  asserts  he  should  have  been  promoted  upon
completion of 15 combat missions.  We are unaware  of  any  official  War
Department policy or regulation that provided for such a  promotion.   In
addition, the Air Force has referred to a potential cause  for  promotion
known as a “Terminal Leave” promotion, which required  that  the  officer
have held the grade of second lieutenant for 18  months  and  possess  an
Efficiency Index of 40 or higher.  While the applicant had held the grade
of second lieutenant for the requisite period when  he  (presumably)  was
placed in a terminal leave status, there is no evidence to indicate  that
he met the required numerical efficiency index.  Finally,  the  applicant
believes he could have been promoted  based  on  his  status  as  a  POW.
However, we are aware that the policy announced  by  the  War  Department
stipulated that only those individuals who had been absent from  military
control for 18 months or longer were eligible for a one-grade  promotion.
There is no indication in the available record  that  the  applicant  met
this eligibility criteria.  Notwithstanding the  above,  we  are  of  the
opinion that relief is appropriate in this case.

      b.  Given the circumstances of  the  applicant’s  wartime  service,
there was a War Department policy under  which  his  promotion  to  first
lieutenant could have been effected as an exception to the rule  that  no
promotion could  be  approved  without  the  existence  of  an  available
position vacancy.  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, promotion.   The  policy
further provided that time served outside the continental limits  of  the
United States would be counted as time and a half.

    c.  After reviewing the record before us, the Board  believes  relief
is warranted, however, the Board majority is of the opinion  that  relief
greater than that recommended by the Air Force is not  appropriate.   The
Board majority believes that while it is  possible  the  absence  of  any
promotion consideration at that time may  have  been  the  result  of  an
oversight during a period of turmoil  associated  with  repatriation  and
demobilization, at this late date and in the absence of a viable  service
record, there is no way to verify this fact for  certain.   Nevertheless,
in recognition of the applicant’s service to the Nation during a time  of
war, the Board majority believes that any doubt in this matter should  be
resolved in his favor by promoting him on the day before his  separation.
By doing so, the Board majority believes he will be afforded  proper  and
fitting relief based on the available evidence and circumstances  of  his
case.  However, the Board majority does not find the evidence provided is
sufficient to support a recommendation for promotion on 10 January  1945.
Therefore, the Board majority does not favorably consider that request.

___________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military  records  of  the  Department  of  the  Air  Force
relating to APPLICANT be corrected to show  that,  effective  28 November
1945, he was promoted to the temporary grade of first lieutenant, Army of
the United States (Air Corps); and, on 29 November 1945, he was honorably
released from active duty in the grade of first lieutenant,  rather  than
second lieutenant.

___________________________________________________________________

The following  members  of  the  Board  considered  this  application  in
Executive Session on 24 July 2001, under the provisions of AFI 36-2603:

      Mr. Richard A. Peterson, Panel Chair
      Ms. Michael V. Barbino, Member
      Mr. William H. Anderson, Member

Messers.  Peterson  and  Anderson  voted  to  correct  the  records,   as
recommended.  Mr. Barbino voted to grant the applicant’s  stated  request
but elected not to submit a minority report.  The  following  documentary
evidence was considered:

     Exhibit A.  DD Form 149, dated 30 March 2001, with
                 attachments.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPPO, dated 29 May 2001.
     Exhibit D.  Letter, SAF/MIBR, dated 15 June 2001.
     Exhibit E.  Applicant’s letter, dated 23 June 2001, with
                 attachment.




                                   RICHARD A. PETERSON
                                   Panel Chair









AFBCMR 01-00982




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of
Section 1552, Title 10, United States Code (70A Stat 116), it is directed
that:

      The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected to show that, effective 28 November
1945, he was promoted to the temporary grade of first lieutenant, Army of
the United States (Air Corps); and, on 29 November 1945, he was honorably
released from active duty in the grade of first lieutenant, rather than
second lieutenant.







  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency