ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2002-01242
INDEX CODE: 110.00
COUNSEL: NO
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
In the applicant's request for reconsideration, he requests he receive
documentation stating his grade as a Second Lieutenant (2nd Lt) and his
serial number at the time of reassignment from active duty to the inactive
reserve.
_________________________________________________________________
STATEMENT OF FACTS:
The Certificate of Service in the applicant’s records indicates he served
in the Army of the United States (AUS) from 4 August 1944 to 18 November
1945.
The applicant's request to receive documentation showing his grade as 2nd
Lt and his serial number while in the inactive reserve was considered and
denied by the Board on 16 July 2002. For an accounting of the facts and
circumstances surrounding the applicant's request and the rationale of the
earlier decision by the Board, see the Record of Proceedings, with
attachments, at Exhibit F.
The applicant submitted a request via his congressional representative
requesting assistance in seeking reconsideration of his request to receive
documentation stating his rank as a 2nd Lt and his serial number while in
the inactive reserve (Exhibit G).
_________________________________________________________________
AIR FORCE EVALUATION:
HQ ARPC/DPB states Army Regulation 605-10, Commissioned Officers, 26 May
1944, indicates one of the initial qualifications for an appointment as a
commissioned officer is the individual must have graduated from an officer
candidate school. The regulation further states that enlisted men and
warrant officers who are not a graduate from officer candidate school are
not eligible for an appointment. ARPC/DPB states that pilot training is
not an officer candidate school. Schools such as pilot training were
designed to teach basic and advanced flying skills, and issue an
aeronautical rating upon successfully completing the course.
The intent of the AAF Letter 35-77, 29 May 1946, which the applicant
provided, was to acquaint AUS Flight Officers who had separated or were
being separated with the procedures for obtaining an appointment as a 2nd
Lt. There is no indication in the applicant’s records that he sought this
opportunity to obtain a commission after his separation. Before the
publication of this AAF Letter there were no provisions for a flight
officer to obtain a commission. However, after publication of the AAF
Letter, a commission could be obtained, if the procedures were followed.
Therefore, the applicant could not be “offered” a commission; he could only
apply for that commission.
A complete copy of the Air Force evaluation is attached at Exhibit H.
_________________________________________________________________
APPLICANT’S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:
The applicant reviewed the Air Force evaluation and states he should have
been promoted to 2nd Lt upon completion of flight officer training, just as
many of his peers were when they graduated from the exact training he
completed without attending officer candidate school. He further states the
Air Force has still not has addressed the reason for this inequity to him
and other men in his class.
He is again requesting documents stating his rank at the time of
reassignment from active duty to the inactive reserve.
His rank should have been indicated as a 2nd Lt and not as a Flight
Officer. Page 3 of the War Department Pamphlet No. 21-4, “Going Back to
Civilian Life”, states, “If you are being returned to inactive status, you
will receive a Certificate of Service instead of a Discharge Certificate.”
This should prove he was transferred from active service to inactive
service, not discharged. He has no record of his final rank in the
military.
He regrets he did not follow through with the opportunity to submit an
application in response to Letter 35-77 in a timely manner. After his
transfer from inactive service, he quickly got engrossed in a very
difficult civilian life with many responsibilities that distracted him
taking care of his military business. Furthermore, he did not receive the
Letter until a year after he was relieved from active duty. He did not
realize the significance of ending his military career as a Flight Officer
rather than as a 2nd Lt.
A complete copy of the applicant’s response is attached at Exhibit J.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
After careful consideration of the applicant’s reconsideration request and
the documentation he submitted, we are not persuaded to override the
Board's original decision. Despite the applicant’s allegations to the
contrary, in accordance with the governing Army Regulation, he did not meet
one of the initial eligibility requirements to receive an appointment as a
second lieutenant - that being graduation from an officer candidate school.
Although he successfully completed pilot training and received an
aeronautical rating, that training did not qualify as an officer candidate
school, rather, it qualified him to be appointed as a Flight Officer. The
applicant has not established to our satisfaction that he was treated any
differently than other similarly situated individuals. Further, it appears
the AAF Letter advised Flight Officers of the proper procedures to apply
for a commission after separation from active duty. By his own admission,
the applicant failed to follow through in applying for a commission
following his release from active duty. We note the completed WD AGO Form
170 which the applicant submitted for our consideration, however, we cannot
determine at this late date whether or not he would have been offered a
commission as a second lieutenant if he had properly applied when eligible
to do so. With regard to the applicant’s request for documents indicating
his rank and serial number upon his release from active duty, we note the
Certificate of Service, which he provided, clearly reflects his rank as a
Flight Officer with a serial number of T 64 814. Apparently, as noted by
the Air Force in their initial review of this application, his rank and
serial number in the inactive Reserves were the same as when he was
released from active duty following World War II. It appears he has all
the information which was available to veterans when they were released
following the War. Therefore, in the absence of evidence to the contrary
we find no compelling basis to warrant favorable consideration of 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-2002-
01242 in Executive Session on 17 June 2004, under the provisions of AFI 36-
2603:
Ms. Peggy E. Gordon, Panel Chair
Ms. Carolyn B. Willis, Member
Mr. James E. Short, Member
The following documentary evidence was considered:
Exhibit F. Record of Proceedings, dated 16 Jul 02, w/atchs.
Exhibit G. Applicant’s Reconsideration Request via Congressional
Office, dated 21 Nov 03, w/atchs.
Exhibit H. Letter, HQ ARPC/DPB, dated 2 Mar 04.
Exhibit I. Letter, AFBCMR, dated 23 Mar 04.
Exhibit J. Applicant’s Response, dated 18 Apr 04.
PEGGY E. GORDON
Panel Chair
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