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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