THIRD ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2000-03359
XXXXXXX COUNSEL: NONE
XXXXXXX HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be promoted to the grade of captain effective 1 February 1945, rather
than 1 July 1945.
_________________________________________________________________
STATEMENT OF FACTS:
On 12 July 2004, the Board reconsidered applicant’s request that he be
promoted to the grade of captain in 1945 upon separation from active duty
or in 1950, after serving an additional five years in the Reserve. The
Board found sufficient evidence to warrant promoting him to the grade of
captain effective 1 July 1945. For an accounting of the facts and
circumstances surrounding the application, and the rationale of the earlier
decision by the Board, see Exhibit L.
In letters, dated 24 August 2004, 10 December 2004, and 29 June 2005, the
applicant requests promotion to the grade of captain effective 1 February
1945, contending that at the time and place, i.e., combat zone, the normal
requisite time in grade as a first lieutenant was not required for
promotion to the grade of captain. In further support of his request, he
submits a statement from the former commander indicating that on 1 February
1945, the applicant received a battlefield promotion to the grade of
captain.
The applicant’s complete submission is at Exhibit M.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. Based on a previous application to this Board, applicant’s records have
been corrected to reflect that he was promoted to the grade of captain,
effective 1 July 1945. In his initial application, applicant contended
that his combat time for promotion to the grade of captain should be
counted at a rate of time-and-a-half since he was serving overseas.
Applicant now seeks to have his effective date of promotion to the grade of
captain changed to 1 February 1945, contending that his command intended
for his promotion to be a “field promotion.” In this respect, we note that
during the contested period, the governing Army Regulation authorized
theater commander’s to waive the time in grade and time in position
requirements in exceptional circumstances in the case of officers who have
clearly demonstrated fitness for promotion by outstanding performance in
actual combat. Based on a totality of the evidence of record, we are not
convinced that he met the exceptional circumstances criteria to warrant
waiving the time in grade and time in position requirements for promotion
to captain prior to 1 July 1945. Therefore, in the absence of evidence to
the contrary, we find no basis upon which to recommend favorable
consideration of the relief requested.
2. 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 issue involved. Therefore, the request for a
hearing is not favorably considered.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the additional 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-2000-03359
in Executive Session on 23 June and 1 September 2005, under the provisions
of AFI 36-2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Michael J. Novel, Member
Ms. Martha A. Maust, Member
The following documentary evidence was considered:
Exhibit L. Second Addendum to Record of Proceedings, w/atchs.
Exhibit M. Letters, Applicant, dated 24 Aug 04, 10 Dec 04,
and 29 Jun 05, w/atchs.
THOMAS S. MARKIEWICZ
Chair
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