RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2002-02840
INDEX NUMBER: 131.00
XXXXXXXXXXXX COUNSEL: Philip A. Wright
XXX-XX-XXXX HEARING DESIRED: No
__________________________________________________________________
APPLICANT REQUESTS THAT:
He be promoted to the grade of first lieutenant.
__________________________________________________________________
APPLICANT CONTENDS THAT:
In a letter submitted by the applicant’s nephew, he indicates that
the applicant was not promoted due to timing of the Japanese
surrender and his subsequent separation from service. He states
that the applicant, now 80 years old, has been bothered for many
years due to not being promoted. In support of the applicant’s
appeal, the nephew submits the applicant’s records showing the Air
Medals and decorations received by the applicant during his time in
service.
The applicant’s complete submission, with attachments, is at Exhibit
A.
__________________________________________________________________
STATEMENT OF FACTS:
The applicant was appointed a second lieutenant in the Army of the
United States on 24 June 1944 (Examiner’s note: Army of the United
States was for temporary appointments in support of the war effort).
The applicant was released from active duty on 21 Nov 45 in the
grade of second lieutenant. During his service the applicant was
awarded the Philippine Liberation Ribbon and one Bronze Star, the
Air Medal with two Oak Leaf Clusters, the Asiatic-Pacific Theater
Ribbon with four Battle stars, and one overseas bar.
__________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPO recommends denial of the applicant’s request.
Requirements for promotion were governed by Army Regulation 605-12,
Temporary Promotions in the Army of the United States, dated 17 Aug
44. Normally officers were not recommended for promotion, nor were
recommendations forwarded, or promotions approved by a commander
exercising promotion authority unless a position 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 (TIG) requirements. The TIG for promotion to first lieutenant
was 6 months.
On 9 Dec 44, AR605-12 was amended to allow second lieutenants that
had completed 18 months of service to be promoted to first
lieutenant without regard to Table of Organization or allotment
vacancies. The 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. In the applicant’s
case, he did not complete 18 months of service.
On 17 Oct 45, authority for terminal leave promotions was granted to
all separation centers. Officers never promoted while in active
service would be promoted on the first duty day of terminal leave
provided they served two years on active duty in their present grade
and had an efficiency index of 35 or higher. In the applicant’s
case, he did not have two years on active duty and he had an
efficiency index of 25.
Based on their review of all provisions where promotion for the
applicant may have been authorized, they find that the applicant did
not meet any of the provisions.
The 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
22 Nov 02 for review and comment within 30 days. To date, a
response has not been received.
__________________________________________________________________
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 error or injustice. We took notice of the
applicant's complete submission in judging the merits of the case;
however, we agree with the opinion and recommendation of the Air
Force office of primary responsibility and adopt their rationale as
the basis for our conclusion that the applicant has not been the
victim of an error or injustice. Therefore, in the absence of
evidence to the contrary, we find no compelling basis to recommend
granting the relief sought in this application.
__________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of 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 Docket Number 02-02840
in Executive Session on 16 January 2003, under the provisions of AFI
36-2603:
Mr. Richard A. Peterson, Panel Chair
Mr. Charlie E. Williams, Jr., Member
Mr. Laurence M. Groner, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 25 Aug 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPPPO, dated 18 Nov 02.
Exhibit D. Letter, SAF/MRBR, dated 22 Nov 02.
RICHARD A. PETERSON
Panel Chair
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