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AF | BCMR | CY2003 | BC-2003-01589
Original file (BC-2003-01589.doc) Auto-classification: Denied





                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01589
            INDEX CODE:  131.09

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be promoted to the grade of Colonel.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He should have been promoted to Colonel earlier as a result of over 24
months as a prisoner of war during  World  War  II  (WW  II)  from  19
January 1943 to 29 April 1945.  As a result of an  earlier  promotion,
he would have been promoted to Colonel  prior  to  his  retirement  in
1969.  He notes that efforts have been underway since 4 June  1985  to
effect his promotion to Colonel but that thus  far  the  efforts  have
been unsuccessful.

In support of his appeal the applicant submits copies of  his  Officer
Effectiveness Reports (OER’s), several letters of support from  former
military and civilian supervisors, copies of Congressional  inquiries,
copies of local newspaper articles, and portions  of  the  applicant’s
military record.

His complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was commissioned a second lieutenant and entered  active
duty on 11 April 1942.  He was promoted  to  first  lieutenant  on  10
December 1942.  While serving in WWII, he was captured by Germans  and
held as a Prisoner of War (POW) from 19 January 1943 to 29 April 1945.
 He was promoted to captain on 5 October 1945, major  on  1  September
1951 and to lieutenant colonel on 3 June 1960.  He was  considered  by
the FY62 Colonel Selection Board but was not selected.  He was  placed
on the Temporary Disability Retired List (TDRL) effective 11 July 1969
and permanently retired from the TDRL on 1 October 1970.

_________________________________________________________________




AIR FORCE EVALUATION:

AFPC/DPPPO reviewed this application and  recommended  denial.   DPPPO
states that a review of the regulations in effect at the  time  yields
that on 21 September 1945; a change to the promotion  policy  allowing
one-time grade advancement for POWs was approved.  The  applicant  was
promoted to captain under this policy.  Further promotions were  based
solely on recognition of the ability to  perform  the  duties  of  the
higher grade and competition with peers on a “best  qualified”  basis.
No policy was ever instituted that mandated or implied the  Air  Force
had an obligation to continue promoting  POWs  ahead  of  their  peers
based on their status.  DPPPO contends that such a policy  would  have
been contrary to the concept of the Air Force promotion system at  the
time not to mention unfair to  those  individuals  missing  in  action
(MIA’s) and POW’s not yet returned to military control.

DPPPO’s 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
23 May 2003 for review and comment within 30 days.  As of  this  date,
no response has been received by this office.

_________________________________________________________________

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, and
laud his exemplary post-career achievements and  sense  of  community;
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.   Other  than  the  once  approved  promotion
opportunity for POW’s, that the applicant was provided in 1945 when he
was promoted to captain, there appears to  be  no  other  avenues  for
promotion  other  than  the  Air  Force  promotion  system  and   it’s
requirements.  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 AFBCMR Docket Number BC-
2003-01589  in  Executive  Session  on  19  August  2003,  under   the
provisions of AFI 36-2603:

      Mr. Richard A. Peterson, Panel Chair
      Mr. Roscoe Hinton, Member
      Ms. Cheryl Jacobson, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 28 Apr 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPO, dated 20 May 03.
    Exhibit D.  Letter, SAF/MRBR, dated 23 May 03.




                                   RICHARD A. PETERSON
                                   Panel Chair



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