RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-00995
INDEX CODE: 107.00
XXXXXXXXXXXXXXXXX COUNSEL: NOT INDICATED
XXXXXXXXXXXXXXXXXX HEARING DESIRED: NOT INDICATED
MANDATORY CASE COMPLETION DATE: 25 AUG 2006
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show he was promoted to the grade of
captain and he served on active duty from 24 February 1943 to 12 July
1952 vice 24 February 1943 to 25 November 1945.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He should have been promoted to captain and he was not discharged
until 12 July 1952.
In support of his request, the applicant submits National Archives and
Records Administration Form 13038, Certification of Military Service
and WG AGO Form 53-98, Military Record and Report of Separation
Certificate of Service.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant’s military personnel records were destroyed by fire in 1973.
His available records reflect he was commissioned as a second
lieutenant on 8 February 1944 in the Army Air Corps and was released
from active duty on 25 November 1945. He was a prisoner of war (POW)
from 18 December 1944 until 1 May 1945. He was promoted to first
lieutenant on 1 November 1945.
On 22 October 1950, he was recalled to active duty and was relieved
from active duty on 21 July 1952. He returned as a first lieutenant
with a date of rank of 17 October 1950. His report of separation
reflects award of the Air Medal.
On 20 July 2005, his records were administratively corrected to
reflect award of the POW Medal.
_________________________________________________________________
AIR FORCE EVALUATION:
The AFPC/DPPPO recommends denial. DPPPO states the applicant’s
records indicate he was promoted to first lieutenant on 1 November
1945 pursuant to paragraph 4d(4), Change 1, Army Regulation 605-12,
dated 9 December 1944. This provision allowed any officer returned
direct to the zone of interior from a status of missing in action,
evading capture in enemy-controlled territory, internee, or POW to be
promoted without regard to position vacancy provided the Officer’s
case presents unusually meritorious or exceptional circumstances
justifying waiver of the normal requirements for promotion.
According to DPPPO, the applicant has not provided any documentation
to support his contention that he should have been promoted to
captain. In addition, there is no documentation to indicate he was
ever recommended for promotion.
DPPPO states the application may be dismissed under the equitable
doctrine of laches, which denies relief to one who has unreasonably
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. He did not provide any evidence to support his
contention that he should have been promoted to captain.
The DPPPO evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
29 Jul 05, for review and comment within 30 days. As of this date,
this office has received no response.
_________________________________________________________________
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. The applicant states he served
in the grade of captain and that he served from 27 December 1947,
until his discharge on 12 July 1952. However, insufficient evidence
has been provided to support his contention that he served in the
grade of captain or to indicate that he was ever recommended for
promotion to the grade of captain. In addition, the evidence of
record reveals the applicant was discharged from active duty on 25
November 1945 in the grade of second lieutenant, recalled to active
duty on 22 October 1950, and was relieved from active duty on 21 July
1952 in the grade of first lieutenant. We took notice of the
applicant's complete submission in judging the merits of the case;
however, we agree with the opinions and recommendations of the Air
Force and adopt its rationale as the basis for our conclusion that the
applicant has not been the victim of an error or injustice.
Therefore, 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 a 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 no considered with this application.
_________________________________________________________________
The following members of the Board considered Docket Number BC-2005-
00995 in Executive Session on 15 September 2005, under the provisions
of AFI 36-2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Gregory A. Parker, Member
Ms. Jan Mulligan, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, undated, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPO, dated 13 Jul 05.
Exhibit D. Letter, SAF/MRBR, dated 29 Jul 05.
THOMAS S. MARKIEWICZ
Chair
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