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AF | BCMR | CY2003 | BC-2003-01916
Original file (BC-2003-01916.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01916
            INDEX CODE:  131.09

            COUNSEL:  NONE

            HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

His grade be changed from Flight Officer to Second Lieutenant.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He was not aware of his rank until he buried his wife  and  on  the
headstone she was listed as the  wife  of  a  flight  officer.   He
states that it is not that the rank is the most important thing  in
his life but it is an injustice that needs to be corrected.


In  support  of  the  appeal,  applicant  submitted  a  copy  of  a
congressional inquiry from his congressman; an unsigned letter from
his former commanding officer recommending his appointment  to  the
grade of second  lieutenant,  dated  5 Mar  46;  a  certificate  of
service, dated 8 Jun 49; a DD  Form  303A,  Discharge  Certificate,
dated 13 Feb 51; a  certificate  of  appreciation  and  a  copy  of
AGO Form 01254, Transcript of Military Record, dated 8 Jun 49.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

On 21 Apr 42, the applicant enlisted in the Army Air Corps  in  the
grade of private.  His highest grade held was sergeant.  He applied
and was selected for the Aviation Cadet Program on 5  Sep  43.   He
was discharged on 26 Jun 44 to accept an appointment  as  a  flight
officer.

On 27 Jun 44, he was appointed as a flight officer and  ordered  to
active duty.  The record contains two efficiency reports reflecting
overall evaluation  ratings  of  4.0  and  4.8,  respectively.   On
9 May 46, he was released from active  duty  in  the  Army  of  the
United States in the grade of  flight  officer  with  an  honorable
characterization of service due to demobilization.  He was credited
with 1 year, 5 months, and 9 days of  active  service  during  this
period.   His  AGO  Form  01254,  Transcript  of  Military  Record,
reflects his grade at the time of discharge as flight officer.

___________________________________________________________________



AIR FORCE EVALUATION:

HQ AFPC/DPPAOO reviewed this application  and  recommended  denial.
In accordance with Army Regulation 610-50,  dated  5  Nov  42,  “In
foreign theaters of operations, flight officers may be appointed by
selection, to the grade of second lieutenant in  the  Army  of  the
United States by theater commanders without regard to the period of
time a flight officer has served as such.  The system for selecting
those flight officers for commissioning will be prescribed  by  the
theater commander….”

Applicant provided an unsigned 5 Mar 46 letter from his  commanding
officer recommending him for appointment to second lieutenant.  His
military personnel records reflect he received medals  for  service
in the Asiatic Pacific and American Theater during  World  War  II.
There is no documentation in his records to support that the letter
recommending him for appointment to second lieutenant was processed
to the theater commander for approval.

A complete copy of the evaluation, with attachment, is  at  Exhibit
C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Through his congressman, the applicant provided  another  statement
as  to  the  circumstances  surrounding  his  promotion  to  second
lieutenant.

Applicant’s complete response, with attachment, is at Exhibit E.

___________________________________________________________________

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.   Applicant’s
contention that he was told he had been given a  direct  commission
as second lieutenant is duly noted.  However, other  than  his  own
assertions, no  evidence  has  been  submitted  substantiating  his
claim.  The available evidence reflects that he was recommended for
an appointment as a second  lieutenant  in  March  1946.   However,
there is no  evidence  the  recommendation  was  processed  to  and
approved by the appropriate authorities.  Based on  the  foregoing,
and in the absence of evidence to the contrary, we  find  no  basis
upon  which  to  recommend  favorable  action  on  the  applicant’s
request.

___________________________________________________________________


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-2003-01916 in Executive Session on 8  October  2003,  under  the
provisions of AFI 36-2603:

      Mr. Thomas S. Markiewicz, Chair
      Ms. Martha Maust, Member
      Mr. Michael V. Barbino, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, undated.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPAOO, dated 31 Jul 03, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 8 Aug 03.
    Exhibit E.  Letter, Applicant’s Congressman, dated 28 Aug 03,
                with applicant’s response, dated 20 Aug 03.




                                   THOMAS S. MARKIEWICZ
                                   Chair


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