RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-000738
            INDEX CODE:  108.09
            COUNSEL:  NONE

            HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be corrected  to  reflect  that  he  retired  in  the  grade  of
colonel, rather than lieutenant colonel.

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APPLICANT CONTENDS THAT:

After his return to the states, while serving in  the  grade  of  lieutenant
colonel, he was assigned as Base Commander of  Bartow  Air  Base,  FL  in  a
colonel's billet.  The  commanders  of  the  eight  other  bases  were  full
colonels.  He was the only lieutenant colonel assigned.   The  commander  of
the Third Fighter Command told him his performance  was  excellent,  but  he
did not have enough time in grade for promotion to colonel.  After the  tour
was ended he was assigned to  the  Asiatic  Staff  Officer  Course  at  Yale
University, which was made up primarily of colonels.   Following  graduation
he was assigned against a colonel's  billet  as  commanding  officer  of  an
intelligence-gathering  unit.   At  this  time  he  became   ill   and   was
hospitalized  at  Fitzsimmons   Army   Medical   Center.    Prior   to   his
hospitalization he received a Regular commission.  He  was  retired  in  the
rank of colonel on 30 Jun  49.   During  this  period  he  received  several
documents, which indicated his promotion to colonel, a normal  procedure  at
the time of retirement.  During the two years he spent in the  hospital  and
five years of treatment, his records were misplaced and have  only  recently
been located.  Since his assignments in three of  the  last  four  years  of
active duty were in  colonel  billets  and  his  records  indicated  he  was
promoted to colonel at  retirement,  his  records  should  be  corrected  to
reflect retirement in the grade of colonel.

In  support  of  his  request,  applicant  provided  a  personal  statement,
documents associated with his retirement and documentation  associated  with
a Congressional inquiry.  His complete submission, with  attachments  is  at
Exhibit A.

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STATEMENT OF FACTS:

Applicant served as an enlisted member from 9 Oct 37 through 26 Jun  39  and
as an aviation cadet from 27 Jun 39 through 22 Mar 40.  On  23  Mar  40,  he
was appointed a second lieutenant, Army of the United States Air  Corps,  in
the Officers' Reserve Corps.  On 24 Mar 40, he was  voluntarily  ordered  to
extended active duty.  He was progressively promoted to the temporary  grade
of lieutenant colonel on 4 Feb 44.  He was appointed a colonel, Army of  the
United States, Officer Reserve Corps on 29 Jul 47.  On  24 Oct  47,  he  was
appointed a captain, Regular  Army.   On  1  Jul  48,  he  was  appointed  a
lieutenant colonel, Army of the United States.

On 29 Jun 49, the findings of the Retiring Board that he  was  incapacitated
for service by reason of disability was approved by  the  President  and  he
was retired from active service effective 30 Jun 49 with the grade  and  pay
of a lieutenant colonel.

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AIR FORCE EVALUATION:

AFPC/DPPPO recommends denial and states that the applicant may be  dismissed
as untimely.  DPPPO states on 29 Jul  47,  the  applicant  was  tendered  an
appointment as a colonel in the Officer Reserve Corps  (ORC),  Army  of  the
United States.  This appointment did not affect his  current  active  status
and he would not be required to perform  duties  as  an  officer  under  the
appointment until specifically ordered  under  provisions  of  the  National
Defense Act.  On 13 Jun 49, the Secretary of  the  Air  Force  approved  the
findings of the Air Force Retiring Board,  that  he  was  incapacitated  for
active service by reason of disability incident to service,  incurred  while
serving  in  the  grade  of  lieutenant  colonel.   Since   he   was   found
incapacitated for active service and medically retired, he would  have  been
unable to return to the ORC to accept his appointment  as  a  colonel.   The
DPPPO evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states he came down with tuberculosis while in Japan and his  wife
had to make arrangement for shipment of their  belongings.   His  belongings
were in storage for several years while he was hospitalized  and  subsequent
convalescence.   He  just  recently  was  reorganizing  his  belongings  and
uncovered the lost documents, which is the reason for his  long  delay.   He
understands it is a common practice to promote  a  retiree  one  grade  when
discharged.  In fact, one of the patients in the hospital with him, with  no
possibility  of  returning  to  active  duty  was  promoted  from  major  to
lieutenant colonel at the time of retirement.   Therefore,  his  request  is
not unprecedented.

His complete response, with attachments, is at Exhibit E.

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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.   The
applicant is requesting that his records be corrected  to  reflect  that  he
was retired in the grade  of  colonel.   His  contentions  are  duly  noted;
however, we are compelled to note that the fact  that  he  was  assigned  to
several positions designated as colonel billets even though he  was  serving
in the grade as a lieutenant colonel, does not automatically  authorize  his
promotion to that grade.  Documentation provided reflects  that  on  29  Jul
47, he was appointed a colonel in the Officer's Reserve Corps.  However,  at
the time of his retirement he was serving concurrently as a Regular  officer
in the grade of lieutenant colonel and was retired from  active  service  in
that grade.  With respect to his contention that it was  a  common  practice
to promote a retiree one grade upon separation, we note that  in  accordance
with the regulations in effect at the time, officers serving on active  duty
in a temporary grade were advanced on the retired list to  that  grade  upon
retirement.  We see no evidence that he was serving on active  duty  in  any
temporary grade higher  than  lieutenant  colonel.   Therefore,  it  is  our
opinion that the applicant's records accurately reflect  his  retirement  in
the grade of lieutenant colonel and we are not  persuaded  by  the  evidence
presented that his records should be changed to reflect  his  retirement  in
any higher grade.  In the absence of evidence to the contrary,  we  find  no
compelling  basis  to  recommend  granting  the  relief   sought   in   this
application.

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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.

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The following members of the Board considered AFBCMR Docket Number  BC-2004-
00738 in Executive Session on 27 Jul 04, under the  provisions  of  AFI  36-
2603:

      Ms. Cathlynn B. Sparks, Panel Chair
      Ms. Renee M. Collier, Member
      Mrs. Barbara R. Murray, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 23 Feb 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPO, dated 26 May 04, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 4 Jun 04.
    Exhibit E.  Letter, Applicant, dated 11 Jun 04.




                                   CATHLYNN B. SPARKS
                                   Panel Chair