RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02987
            INDEX CODE:  131.09

            COUNSEL:  NONE

            HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

His promotion dates be adjusted to  account  for  a  six-year  setback
caused by his squadron personnel’s failure to issue  promotion  orders
as scheduled at the end of his combat tour in 1945.

If his promotion dates are adjusted as requested, his retired rank  be
changed from lieutenant colonel to colonel.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His promotion from second  lieutenant  to  first  lieutenant  was  not
confirmed as scheduled.  As a  lead  navigator  with  the  392nd  Bomb
Group, 8th Air Force, he received a commission to second lieutenant on
the 23rd combat mission on 12 Apr 45.  He was verbally  informed  that
he was scheduled for promotion to first lieutenant upon completion  of
two more missions, or his 25th mission.  His 25th mission was flown on
25 Apr 45.  Orders to return to the United States were issued  to  him
on 28 May 45.  This order showed the rank  of  first  lieutenant.   In
addition, the Distinguished Flying Cross of 29 May 45 also showed  the
rank of  first  lieutenant,  which  was  consistent  with  the  verbal
notification.  However, the formal orders for his promotion  to  first
lieutenant were never received in 1945 before  he  was  relieved  from
active duty.

In support of his appeal, the applicant  provided  extracts  from  his
military personnel records.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was temporarily appointed a second lieutenant, Army  of  the
United States (Air Corps) and entered on active duty on 12 Apr 45.

Special Orders Number 81, dated 22 Sep 45, indicates the applicant was
relieved from active duty, effective 1  Nov  45.   He  began  terminal
leave on 23 Sep 45.

He was appointed a second lieutenant, Officers’ Reserve Corps, Army of
the United States (Air Corps), on 22 Sep 45.  He was promoted  to  the
grade of first lieutenant on 27 Mar 51. He was eventually promoted  to
the grade of lieutenant colonel, Air Force Reserve, on 1 Jul 69.

On 10 May 73, the applicant was relieved from his  Reserve  assignment
and assigned to the Retired Reserve Section and his name was placed on
the Reserve Retired List, effective 11 May 73.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPO  recommended  denial  indicating  that  officers  were  not
normally 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  the   promotion   was
recommended.  In addition, officers were not recommended for promotion
until  they  served  the  minimum  time-in-grade  requirements.    For
promotion to first lieutenant, they must have served a minimum of  six
months in the lower grade.  The period  prescribed  for  time-in-grade
are minimum periods which will not be considered as either the average
time an officer should remain in grade or as entitling  an  individual
to promotion upon completion thereof.  The applicant did not have  six
months time-in-grade as of his terminal leave date.

According to AFPC/DPPPO, there are no provisions in policy or  law  to
authorize promotion merely for  completion  of  combat  missions.   In
addition, the  applicant  had  an  approved  date  of  separation  and
departed on terminal leave prior to completion of six months  time-in-
grade.  They can find no other provisions in policy or law to  promote
the applicant to first lieutenant prior to his separation from  active
duty.

A complete copy of the AFPC/DPPPO evaluation, with attachments, is  at
Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the  advisory  opinion  and  furnished  a  response
indicating that not receiving the promotion to first lieutenant caused
a six-year setback as his rank increased in the Ready Reserve.   As  a
result of this setback, he was removed from the colonel promotion list
in Jun 73 because at the same time he arrived at his maximum years  of
service.  Had he been officially promoted in 1945, he would have  been
eligible for  promotion  to  colonel  in  1968.   Not  being  formally
notified he was promoted to first lieutenant in 1945 as  promised  has
concerned him over the years.  He can now only  hope  the  Board  will
officially correct and rectify an unfortunate injustice and adjust his
retired rank as earned to the grade of colonel.

Applicant’s complete response, with attachments, is at Exhibit E.

By letter, dated, 14 Feb 04 (sic), the applicant  provided  additional
documentary evidence for the Board’s consideration, which is  attached
at Exhibit F.

_________________________________________________________________

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 recommendation of the Air Force  office  of
primary responsibility (OPR) to deny the applicant’s appeal.   In  our
opinion, the applicant has failed to sustain his burden  that  he  has
suffered either an error or an injustice.  In this  respect,  we  note
there is a presumption of regularity in the  conduct  of  governmental
affairs.   No  evidence  has  been  presented  which  shows   to   our
satisfaction the applicant’s promotions during  his  military  service
were not proper and not in  compliance  with  appropriate  directives.
While the governing regulation at the time allowed theater  commanders
to make exceptions to minimum times in grade for performance in actual
combat, there is no evidence this occurred in applicant’s  case.   The
applicant had  ample  opportunity  during  his  long  service  in  the
Reserves to see that the best records showed his rank as  2LT  and  to
request correction in time to affect subsequent promotion boards.   In
view of the above, and in the absence of sufficient  evidence  to  the
contrary, we find no compelling basis to recommend granting the relief
sought in this application.

4.  The applicant's case is adequately documented and it has not  been
shown  that  a  personal  appearance  with  or  without  counsel  will
materially  add  to  our  understanding  of   the   issues   involved.
Therefore, the request for a hearing is not favorably considered.

_________________________________________________________________

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-
2004-02987 in Executive Session on 23 Feb 05, under the provisions  of
AFI 36-2603:

      Mr. Robert S. Boyd, Panel Chair
      Mr. John B. Hennessey, Member
      Mr. Patrick C. Daugherty, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 10 Sep 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPO, dated 29 Dec 04, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 7 Jan 05.
    Exhibit E.  Letter, applicant, dated 25 Jan 05, w/atchs.
    Exhibit F.  Letter, applicant, dated 14 Feb 04 (sic),
                w/atchs.




                                   ROBERT S. BOYD
                                   Panel Chair



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