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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