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AF | BCMR | CY2004 | BC-2004-02761
Original file (BC-2004-02761.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBERS:  BC-2004-02761
            INDEX CODE:  131.00
            COUNSEL:  None

            HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect he was promoted to captain.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His superior officer told him he would get a promotion to captain  for
a mission that included transporting Prisoners of War (POW) from Japan
to India.

Applicant's complete submission,  with  attachments,  is  attached  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The available military records indicate  the  applicant  was  inducted
into the Army Air Corps and entered Specialized Pilot Training  School
on 9 April 1943.  He was apparently discharged on  3  August  1944  to
accept a commission.  He entered active duty in the Army of the United
States (AUS) on 4 August 1944 as a second lieutenant and served  until
his discharge on 25 April 1957.  The applicant’s records  indicate  he
was promoted to first lieutenant;  however,  there  are  no  promotion
orders available to provide his date of rank (DOR) and effective  date
of the promotion.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPO states the requirements for promotion were  governed  by
Army Regulation 605-12, Temporary Promotions in the Army of the United
States  dated  9  December  1944.   Generally,   officers   were   not
recommended for promotion,  nor  were  recommendations  forwarded,  or
promotions approved by  a  commander  exercising  promotion  authority
unless a position  vacancy  existed  under  the  jurisdiction  of  the
commander concerned in the grade to which promotion  was  recommended.
Additionally, officers were not recommended for promotion  until  they
served the minimum time-in-
grade requirements.  They could not determine if the applicant met the
time-in-grade requirements to be  recommended  for  promotion  to  the
grade of captain since  his  records  did  not  reflect  when  he  was
promoted to first lieutenant.

They further recommend the requested relief  be  dismissed  under  the
equitable doctrine of laches, which  denies  relief  to  one  who  has
unreasonable  and  inexcusably  delayed  in  asserting  claim.    This
unreasonable delay has caused prejudice  to  the  Air  Force,  as  all
relevant records are not available for review

A complete copy of the evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant submitted a copy of War Department Form No. WD 884b, War
Department Officers’ Pay, Allowance, and  Mileage  Voucher  reflecting
his rank as a first lieutenant on 24 April 1945 (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.   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
and adopt its rationale  as  the  basis  for  our  decision  that  the
applicant has failed to sustain his burden that he has suffered either
an error or an injustice.  There is no  evidence  in  the  applicant’s
records to support his contentions that he should have  been  promoted
to captain.  Although the applicant was promoted to first  lieutenant,
we have no verification of his date of rank and  without  verification
of his date of rank to first lieutenant it cannot be determined if  he
was eligible for promotion to captain under any other provision of law
or policy.  Therefore, in view of the foregoing and 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-
2004-02761  in  Executive  Session  on  8  December  2004,  under  the
provisions of AFI 36-2603:

                 Ms. Martha J. Evans, Panel Chair
                 Mr. Alan A. Blomgren, Member
                 Mr. Michael J. Novel, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 29 Mar 04, w/atchs.
      Exhibit B. Available Military Personnel Records.
      Exhibit C. Letter, AFPC/DPPPO, dated 15 Oct 04.
      Exhibit D. Letter, SAF/MRBR, dated 22 Oct 04.
      Exhibit E. War Dept. Form No. WD 884b, War Department
                 Officers’ Pay, Allowance, and Mileage Voucher.




                       MARTHA J. EVANS
                       Panel Chair

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