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AF | BCMR | CY2003 | BC-2002-02907
Original file (BC-2002-02907.doc) Auto-classification: Denied



                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2002-02907
            INDEX CODE:  131.00

      APPLICANT  COUNSEL:  Mr. Stanley Loula

            HEARING DESIRED: YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His military records be changed to  reflect  a  promotion  from  First
Lieutenant (1Lt/0-2) to Captain.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was promoted by his Commanding Officer at Truax Army  Air  Base  in
Madison WI, in September  1944.   The  promotion  paperwork  contained
technical errors and was returned by the  Adjutant  to  the  unit  for
correction.  When the corrected promotion paperwork  was  returned  to
the Adjutant’s office for processing, his name was missing.  Applicant
states that upon discovering the error and notifying his unit  he  was
told that his promotion would be forwarded later.

Applicant’s complete package is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Army Air Force on 14 October 1940 as an  Air
Cadet and was  honorably  discharged  on  12  December  1940  for  not
completing flight training.  Applicant reenlisted on 29 May 1941 as an
Air Cadet and completed training as a Bombardier.   He  was  honorably
discharged and accepted a commission as a 2Lt on   28  December  1941.
He was promoted to  1Lt  on  25  September  1942.   He  was  honorably
discharged and retired for physical disability on 24 September 1944.

Applicant’s records show that  he  first  inquired  about  a  “blanket
promotion” opportunity for airmen  returning  from  New  Guinea  in  a
letter to the Adjutant dated 6 October 1943.

The Adjutant’s office (JAG)  appears  to  have  forwarded  applicant’s
letter to the Commanding General, Army Air Forces, Washington  DC  for
an opinion.  A reply to applicant from the Office of  Assistant  Chief
of Staff was sent on 20 October 1943.  The reply indicated that  there
was no known blanket promotion in effect at that  time  but  that  the
policy was to  promote  those  officers  hospitalized  due  to  injury
received as a result of enemy action or aviation accident and who were
eligible for promotion.  The reply goes on to say that  applicant  did
not appear to fall within the  provisions  of  said  policy  based  on
applicant’s basic communication (original letter).

According to applicant’s official record  he  was  wounded  in  action
during a mission on 23 February 1942.

Applicant  responded  on  26  November   1943   asking   for   further
consideration of his request, and  provided  written  details  of  his
qualification for promotion under the stated policy by describing  how
he was wounded and with details of his involvement in a crash landing.
 The applicant stated, in regard to promotion eligibility, that he was
eligible for promotion at the time of his hospitalization.   There  is
no record of a response from the Office of Assistant Chief of Staff or
any record  of  official  action  undertaken  from  26  November  1943
forward.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ  AFPC/DPPPO  recommends  denial  citing  a  lack  of  documentation
supporting applicant’s claim.  Also, DPPPO refers to A.A.F. Regulation
No. 35-18, dtd 21 May  1943,  and  War  Department  Circular  161,  as
amended that  require  6  months  time-in-grade  and  existence  of  a
position vacancy for the recommended grade.

The evaluation is located at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 8
November 2002 for review and comment within 30 days.  As of this date,
no response has been received by this office.  (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 error or injustice.  After a thorough review  of  the
evidence of record and applicant's submission, we  are  not  persuaded
that  his  uncorroborated  assertions,  in  and  by  themselves,   are
sufficiently persuasive to override the rationale provided by the  Air
Force.  The applicant provided no information that  showed  an  actual
promotion to captain had either taken place or was  impending  at  his
discharge.  Therefore, we agree with the opinion and recommendation of
the Air Force office of primary responsibility and adopt the rationale
expressed as the basis for our decision that the applicant has  failed
to sustain his burden of having suffered either an error or injustice.
 Therefore, in the absence of persuasive evidence to the contrary,  we
find no compelling basis to recommend granting the  relief  sought  in
this application.

4.  The applicant's case is adequately documented and it has not  been
shown  that  a  personal  appearance  with  or  without  counsel  will
materially  add  to  our  understanding  of   the   issues   involved.
Therefore, the request for a hearing is not favorably considered.

_________________________________________________________________

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 AFBCMR Docket Number BC-
2002-02907 in Executive Session on 4 March 2003, under the  provisions
of AFI 36-2603:

      Mr. Joseph A. Roj, Panel Chair
      Ms. Kathleen F. Graham, Member
      Mr. James W. Russell, III, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dtd 6 Aug 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPPO, dtd 1 Nov 02.
    Exhibit D.  Letter, SAF/MRBR, dtd 8 Nov 02.




                                   JOSEPH A. ROJ
                                   Panel Chair

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