RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-00868
            INDEX CODE:  102.07
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect that he was promoted  to  the  grade  of
captain on 2 Apr 51, to the grade of major on 19 Apr 55, and  to  the  grade
of lieutenant colonel on 1 Jul 62.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His records were previously corrected to reflect that  he  was  promoted  to
the grade of first  lieutenant  on  28  Nov  45.   Applicant  believes  that
subsequent promotions should be adjusted to reflect that correction.

In support of  his  request,  applicant  provided  copies  of  his  original
promotion orders; and, his DD Fm 215, Correction to DD Fm  214,  Certificate
of Release or Discharge from Active Duty.   His  complete  submission,  with
attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

In July  2001  the  Board  considered  a  request  from  the  applicant  and
corrected his records to show that on 28 November 1945, he was  promoted  to
the temporary grade  of  first  lieutenant,  Army  Air  Corps;  and,  on  29
November 1945, he was honorably released from active duty in  the  grade  of
first lieutenant, rather than second lieutenant (Exhibit C).

The remaining 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 at Exhibit D.
_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPB reviewed applicant’s request and recommends that he be promoted  to
the temporary grade of captain effective 3 Jan 52, the  permanent  grade  of
captain effective 3 Jan 54, and the grade of major effective 1 Jul 60.   DPB
states that the applicant served in an enlisted capacity from 11 Sep  46  to
10 Sep 49.  He  was  voluntarily  ordered  to  extended  active  duty  as  a
commissioned officer on 3 Jan 51.  The earliest  date  he  would  have  been
eligible for promotion to the temporary grade of captain was 3 Jan  52.   He
was released from active duty on 2 Jun  52.   He  met  the  minimum  Reserve
requirements for promotion to the permanent grade of captain on 3 Jan 54.

He was considered and not selected for promotion to the grade  of  major  by
the 3 Oct  60  major  promotion  board.   As  a  deferred  officer,  he  was
considered and selected for promotion to the grade of major  at  his  second
consideration by the 16 Oct 61 major promotion board and promoted on 1  July
1962.  Based on the 3 Jan 54 date of rank (DOR) to the grade of captain,  he
would have been eligible for consideration  for  promotion  to  the  Reserve
grade of major by the 7 Dec 59 major promotion  board.   Assuming  the  same
conditions, (nonselection at his first consideration and  selection  at  his
second consideration) he would have been promoted to major with a DOR  of  1
Jul 60.

A DOR of 1 Jul 60  would  have  made  him  eligible  to  be  considered  for
promotion to the grade  of  lieutenant  colonel  by  the  6  Mar  67  board.
However, between 7 Feb 61 and 23 Aug 67, he earned 2  inactive  duty  points
as a Category E reservist, which means he did not earn sufficient points  to
warrant any performance reports.  He did  not  demonstrate  the  ability  to
assume the next higher grade; therefore, he would not have been promoted  to
the grade of lieutenant colonel.

He was assigned to the Inactive Status List Reserve Section  (ISLRS)  on  23
Aug 67 and to the Retired Reserve on 1  Dec  67.   Both  of  these  inactive
Reserve statuses rendered him ineligible for promotion consideration.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states that during the period of 7 Jan 60 through  30  Jun  66  he
earned 353 points and was credited with 5 additional  years  for  retirement
and pay purposes.  This eliminates the negative aspects  set  forth  in  the
advisory opinion and  substantiates  that  he  was  fully  qualified  to  be
considered by the 6 Mar 67 promotion board.  He  was  in  a  non-pay  status
when promoted to major and remained in that  status  until  he  was  retired
from the Reserves in 1967.  He earned his required points by completing  Air
University courses, up to and including the Air Command  and  Staff  College
Correspondence Course.  He attended night classes while working towards  his
Certified  Public   Accountant   certificate.    Applicant   expresses   his
disappointment that  the  advisory  states  that  he  is  not  entitled  for
promotion to lieutenant colonel considering that it took  him  55  years  to
get his Purple Heart and 56 years to get his  promotion  backdated.   He  is
not seeking favorable consideration for  monetary  reasons.   He  is  simply
trying to correct what he feels are oversights in his military career.

In further support of his request, applicant provided a copy of his AF  Form
58, Retired Reserve Pay Order.  His complete submission,  with  attachments,
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  error  or  injustice  warranting  partial   relief   of   the
applicant's request.  In  this  regard,  after  review  of  the  applicant's
submission we agree with the opinion and recommendation  of  the  Air  Force
office of primary responsibility that had the  applicant  been  promoted  to
first lieutenant on 28 November 1945, he would have  been  promoted  to  the
grade of captain on 3 January 1954 and subsequently promoted to major  on  1
July 1962.  It is our opinion that applying the same conditions as  much  as
possible that existed in his original considerations  as  suggested  by  the
Air Force would be the fairest and most  equitable  way  of  resolving  this
issue.  Accordingly, we recommend that his promotion dates  be  adjusted  as
indicated below.

4.  The above notwithstanding, we do not find sufficient evidence  of  error
or injustice with regard to his  request  for  promotion  to  the  grade  of
lieutenant  colonel.   The  Board  took   note   that   the   aforementioned
adjustments to  his  promotion  dates  would  have  made  him  eligible  for
promotion consideration to  the  rank  of  lieutenant  colonel  by  a  board
conducted on 6 March 1967.  However, between 1961  and  1967  the  applicant
did not occupy a Reserve position, did not receive any  officer  performance
evaluations and earned only 2 inactive duty training  points.   In  view  of
these circumstances, we are of the opinion  that  the  applicant  would  not
have been promoted to the rank of lieutenant  colonel.   While  we  are  not
unmindful or unappreciative of the applicant’s service  to  the  nation,  in
the  absence  of  evidence  that  convincingly  refutes  the   opinion   and
recommendation of the Air Force office  of  primary  responsibility  we  are
compelled to agree with their recommendation and adopt  their  rationale  as
the basis for our conclusion that he has not been the victim of an error  or
injustice.

_________________________________________________________________

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 temporary  grade  of  captain  effective  3
January 1952 and to the permanent grade  of  captain,  Reserve  of  the  Air
Force, effective 3 January 1954.

      b.  He was promoted to the grade of major, Reserve of the  Air  Force,
effective 1 July 1960.

_________________________________________________________________

The following members of the Board  considered  Docket  Number  02-00868  in
Executive Session on 27 Jun 02, under the provisions of AFI 36-2603:

      Mr. Alert F. Lowas, Jr., Panel Chair
      Mr. Laurence M. Groner, Member
      Ms. Kathleen F. Graham, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 6 Mar 02, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Record of Proceedings, dated 24 July 2001.
     Exhibit D.  Letter, ARPC/DPB, dated 15 Apr 02.
     Exhibit E.  Letter, SAF/MRBR, dated 26 Apr 02.
     Exhibit F.  Letter, Applicant, dated 15 May 02, w/atchs.




                                  ALBERT F. LOWAS, JR.
                                  Panel Chair

AFBCMR 02-00868




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:

      a.  He was promoted to the temporary grade of captain effective 3
January 1952 and to the permanent grade of captain, Reserve of the Air
Force, effective 3 January 1954.

      b.  He was promoted to the grade of major, Reserve of the Air Force,
effective 1 July 1960.






  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency