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AF | BCMR | CY2006 | BC-2000-03359-4
Original file (BC-2000-03359-4.doc) Auto-classification: Denied

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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