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AF | BCMR | CY2006 | BC-2005-02456
Original file (BC-2005-02456.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2005-02456
            INDEX CODE:  107.00

            COUNSEL:  NONE
            HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  7 FEBRUARY 2007


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be promoted to the grade of captain.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

He flew 44 combat air missions with the B-17  “Flying  Fortress”  as  a  co-
pilot during WWII.  He flew 30 missions with the 560th Bomb Squadron from  7
June 1944 to 18 August 1944 and 14 missions  with  the  562nd  Bomb  Squdron
from early December 1944 to 8 April 1945.  The 388th  Bomb  Group  Commander
told him he would be promoted to captain  prior  to  his  release  from  the
service.

In support of his request, applicant  submits  photos  of  himself  and  the
388th Bomb Group crew and a copy of his Congressional correspondence.

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

_________________________________________________________________

STATEMENT OF FACTS:

The National Personnel Records Center (NPRC) has been unable to  locate  the
applicant’s  original  military  records  and  it  is  presumed  they   were
destroyed by  fire  in  1973  at  the  NPRC  in  St. Louis.   The  following
information has been extracted from the reconstructed  records  provided  by
the NPRC and the records provided by the applicant.

The applicant entered active duty on 5 December 1943, was assigned  to  duty
in the Air Corps, and was progressively  promoted  to  the  grade  of  first
lieutenant.

The applicant was assigned to the 388th Bomb Group, 8th Air  Force,  in  the
European Theater of Operations as a B-17 “Flying Fortress”  pilot,  from  25
April 1944 through 30 June 1945, when he returned to the Continental  United
States.
The  applicant  was  honorably  discharged  on  7  November  1945,  for  the
Convenience of the Government (Demobilization).   He  was  credited  with  3
months and 25 days of continental service and 1 year, 2 months  and  7  days
of foreign service.   His  discharge  document  shows  he  was  awarded  the
European-African-Middle Eastern Service Medal, the  Air  Medal  with  1  Oak
Leaf  Cluster,  Distinguished  Flying  Cross  and  the  Distinguished   Unit
Citation.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends the application  be  denied.  AFPC/DPPPR  states  they
were unable to determine if the applicant met the  eligibility  requirements
for promotion to captain since they cannot verify his date of rank to  first
lieutenant.  In addition, they were unable to verify the applicant was  ever
recommended for promotion.  The AFPC/DPPPR evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

On 27 January 2006, a copy of the Air  Force  evaluation  was  sent  to  the
applicant for review and comment.  As of this  date,  this  office  has  not
received a 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.  After reviewing the  evidence  of  record,
we are not persuaded that the applicant has been the victim of an  error  or
injustice. Since the record does not reveal nor has the  applicant  provided
any evidence showing he served in a grade higher than  first  lieutenant  or
showing he was treated differently from other  similarly  situated  members,
we agree with the opinion and recommendation of  the  Air  Force  office  of
primary responsibility and adopt  their  rationale  as  the  basis  for  our
findings in the case.  While we are not unappreciative  of  the  applicant’s
accomplishments in the service of his Nation, in  the  absence  of  evidence
showing he served in a higher grade, we have no basis on which to  favorably
consider his application.

_________________________________________________________________
THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of probable 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  05-02456  in
Executive Session on 9 March 2006, under the provisions of AFI 36-2603:

            Ms. Charlene M. Bradley, Panel Chair
            Ms. Josephine L. Davis, Member
            Mr. James A. Wolffe, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 17 Jun 05, w/atchs.
    Exhibit B.  Applicant’s Master Personnel Record.
    Exhibit C.  Letter, AFPC/DPPPO, dated 18 Jan 06.
    Exhibit D.  Letter, SAF/MRBR, dated 27 Jan 06.




                                   CHARLENE M. BRADLEY
                                   Panel Chair

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