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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