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AF | BCMR | CY2005 | BC-2004-01687
Original file (BC-2004-01687.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01687

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be promoted to the grade of captain.
_________________________________________________________________

APPLICANT CONTENDS THAT:

His rank of 1st lieutenant should be changed to  captain  according  to  his
records reflecting him as a navigator.

In support of his request, applicant provided a copy of  WD  AGO  Form  100,
Separation  Qualification  Record,   list   of   missions   flown,   GO-164,
Distinguished Flying Cross, and letters of recommendation.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant's military personnel records  were  destroyed  by  fire  in  1973.
Therefore, the facts surrounding his service and  separation  from  the  Air
Force cannot be verified.

Based on available documentation, the applicant  entered  in  the  Army  Air
Corps on 24 February 1944 as a 2nd lieutenant.  He was honorably  discharged
on 18 November 1945 in the grade of 1st lieutenant after serving 1 year  and
14 days of total active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPO  recommended  denial  and  states  that  there  is   insufficient
documentation   to   support   the   applicant’s   claim   that    he    was
eligible/recommended for promotion to captain.  We  have  no  recommendation
should the board elect to grant relief to the applicant over our  objection.
Normally  officers  were  not  recommended  for   promotion,   nor   was   a
recommendation forwarded or 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.   In
addition, officers were not recommended for  promotion  until  they  reached
the  minimum  TIG  requirements.   We  cannot  determine   the   applicant’s
promotion eligibility for captain, as we do not know when  he  was  promoted
to first lieutenant.

AFPC/DPPPO complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the Air Force evaluation and  stated  that  after  flying
two missions, he was reassigned to the Lackey crew and he was designated  as
a lead crew.  A lead crew was requested to fly 30 missions to  complete  its
tour of duty.  When he joined the lackey crew, they  had  already  completed
seven missions and he had two.  When they finished  their  30  missions,  he
still had five missions to fly to complete his tour of duty.   He  was  then
transferred to the Kenny crew.

On 29 July 1944, the pilot, Lacy Lackey, was promoted  from  1st  lieutenant
to captain and assigned as flight commander and the bombardier  and  he  was
promoted from 2nd lieutenant  to  1st  lieutenant  and  assigned  as  flight
bombardier and flight navigator.  All  three  officers  were  promoted  from
having flown 15 lead missions.  After this promotion,  he  flew  another  11
lead missions as  wing  and  lead  navigator  and  he  was  to  receive  the
promotion to captain for this.  This is  the  promotion  he  is  asking  for
which he is entitled.

As a group, wing navigator, his responsibility was to  lead  the  group  and
wing of planes to the designated target and return them to their bases.   He
was able to accomplish all but one mission.  When you are flying as  a  lead
navigator on a B-17 bomber, you are not promoted by how long you  held  that
rank, but what you accomplished while you were in combat.

Applicant’s complete response is at 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 an error or injustice.   We  took  notice  of  the  applicant's
complete submission in judging the merits of the case  to  include  his  own
statement that he refused the promotion to  captain  for  personal  reasons;
however, we agree with the opinion  and  recommendation  of  the  Air  Force
office of primary responsibility and adopt its rationale as  the  basis  for
our conclusion that the applicant has not been the victim  of  an  error  or
injustice.  It appears that the discerning factor  in  this  case,  is  that
there is insufficient documentation to support the  applicant’s  claim  that
he was eligible or recommended for promotion to the grade  of  captain.   In
view of the above, we find no basis upon which to  favorably  consider  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-2004-01687
in Executive Session on 4 January 2005, under  the  provisions  of  AFI  36-
2603:

      Ms. Patricia D. Vestal, Panel Chair
      Ms. Janet I. Hassan, Member
      Ms. Kathleen F. Graham, Member


The following documentary evidence was considered:

    Exhibit A.  DD Form 149 undated, w/atchs.
    Exhibit B.  Applicant's Available Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPO, dated 15 Oct 04.
      Exhibit D.  Letter, SAF/MRBR, dated 22 Oct 04
    Exhibit E.  Applicant’s Response, dated 9 Nov 04.




                                             PATRICIA D. VESTAL
                                             Panel Chair

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