RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-02515
INDEX NUMBER: 131.00
XXXXXXXXXXX COUNSEL: None
XXX-XX-XXXX HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be promoted to the grade of captain.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The policy in effect during the time that he became a prisoner of war
(POW), 1944, stated that “all commissioned officer personnel below
the grade of colonel who are returned to U.S. military control from
the status of prisoners of war and who presumably would have been
promoted but for internment, will be considered for an immediate one
grade promotion provided the discharge was honorable.”
The applicant’s complete submission, with attachment, is at Exhibit
A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant entered active duty as a second lieutenant, Army of the
United States, on 29 Apr 43. He was promoted to first lieutenant on
2 Jan 44. He was a POW from 12 May 44 to 29 Apr 45. He was relieved
from active duty on 14 Oct 45.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPO recommends denial of the applicant’s request. In
reviewing the applicant’s record and all applicable regulations in
regard to POW promotions, they find no documentation to support the
applicant’s promotion to captain. In addition, they find no other
provisions in policy or law warranting the applicant’s promotion.
The 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
19 December 2003 for review and comment within 30 days. To date, a
response has not been received.
_________________________________________________________________
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;
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. 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 Docket Number BC-2003-
02515 in Executive Session on 21 January 2004, under the provisions
of AFI 36-2603:
Ms. Brenda L. Romine, Panel Chair
Mr. James A. Wolffe, Member
Ms. Rita A. Maldonado, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 21 Jul 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPPPO, dated 12 Dec 03.
Exhibit D. Letter, SAF/MRBR, dated 19 Dec 03.
BRENDA L. ROMINE
Panel Chair
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