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AF | BCMR | CY2003 | BC-2002-02840
Original file (BC-2002-02840.doc) Auto-classification: Denied

                       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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