RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-00566
            INDEX CODE:  131.00
      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  27 Aug 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be promoted to the Reserve grade of captain or major.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He served as an aviation cadet from 29 Apr 43 to 8 Sep 44.  He was  on
active duty until 15 May 46.  He performed  some  Reserve  duties  and
tried to fly on weekends when an airplane was available.   He  was  in
the Air Force Reserve until 29 Sep 55 as a pilot with no promotion  in
rank.  He should have been promoted during this time.  It would be  an
honor to have obtained the rank of captain or major.

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

_________________________________________________________________

STATEMENT OF FACTS:

According to HQ ARPC/DPB, between the end of World War II  (WWII)  and
Jan 53, promotion was made to fill a higher graded vacancy only.   The
immediate commander had to recommend an officer for promotion, and the
officer had to earn 105 points as a 1st lieutenant or 175 points as  a
captain (AFR 45-5, Mar 49).  After Jan 53, an officer had to occupy  a
higher graded position, be in an active status, and serve  four  years
time-in-grade (TIG) as a 1st lieutenant or six years TIG as a  captain
prior to promotion eligibility (AFR 36-63, Jan 53).

The applicant’s military service record was severely  damaged  by  the
1973  fire  at  the  National  Personnel  Records  Center.    Complete
reconstruction or restoration was not possible.  Copies were  made  of
the brittle, moldy and badly damaged records.  However, the copies are
almost totally unreadable as the records were dark and fragmented.

The applicant served in the Reserve  enlisted  corps  from  29 Apr  43
until 7 Sep 44.  He completed pilot training and  was  commissioned  a
2nd lieutenant on 8 Sep 44, whereupon  he  entered  active  duty.   He
served as pilot in the Army Air Corps until his  honorable  separation
in the grade of 1st lieutenant on 15 May 46.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ ARPC/DPB recommends  denial  and  notes  that,  had  the  applicant
requested correction or made inquiry sooner, perhaps there would  have
been adequate documentation available to refute or support his  claim.
Only poor  copies  of  the  originals  that  are  barely  legible  are
available.  The applicant does not appear to have ever met any of  the
promotion requirements.  Based on  the  information  provided  in  his
application, his Reserve participation following World War  II  (WWII)
was sporadic (his letter indicated relocation in 1950 and  1952,  plus
difficulty to locate flyable aircraft).  They assert  the  applicant’s
unreasonable delay regarding a matter dating back 50 years has greatly
complicated the Air Force’s ability to determine  the  merits  of  the
applicant’s position.

A complete copy of the evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In a 7 Apr 06 response, the applicant explains and apologizes for  his
delay in filing his application.  His retired military  friends  think
it strange he was not promoted from 1946-1955  while  serving  in  the
Reserve.  He receives compensation from  the  Department  of  Veterans
Affairs (DVA) for service-connected hearing loss.  He does  not  claim
to have done anything heroic or outstanding but would like to have the
rank of captain on his gravestone.

In a subsequent rebuttal, dated 13 Jun 06, the  applicant  asserts  he
performed all duties of a Reserve officer and had no control over  the
storage of his unreadable military records.   Other  retired  officers
feel, as he does, that a promotion to captain is warranted.

Complete copies of the applicant’s responses are at Exhibit E.

_________________________________________________________________

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 as thorough review of  the
applicant’s damaged and illegible records as possible,  together  with
his submission, we are not persuaded he should be promoted beyond  the
grade of 1st lieutenant he held when he was discharged on  15 May  46.
The applicant’s contentions are duly noted; however, we  do  not  find
these uncorroborated assertions, in and  by  themselves,  sufficiently
persuasive to override the rationale provided by the Air  Force.   The
applicant does not appear to have met the requirements for  promotion,
and his Reserve participation following WWII apparently was  sporadic.
We therefore agree with the recommendations of the Air Force and adopt
the rationale expressed  as  the  basis  for  our  decision  that  the
applicant has not sustained his burden of having  suffered  either  an
error or an injustice.  In view of the  above  and  absent  persuasive
evidence to the contrary, we find no  compelling  basis  to  recommend
granting the relief sought.  Our  decision,  however,  should  not  be
construed as a diminishment of the  applicant’s  service  contribution
during a pivotal time in our nation’s history.

_________________________________________________________________

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  this  application  in
Executive Session on 13 and 21 June 2006 under the provisions  of  AFI
36-2603:

                 Ms. Kathleen F. Graham, Panel Chair
                 Mr. Wallace F. Beard, Jr., Member
                 Ms. Karen A. Holloman, Member

The following documentary evidence relating to AFBCMR Docket Number BC-
2006-00566 was considered:

   Exhibit A.  DD Form 149, dated 11 Feb 06, w/atchs.
   Exhibit B.  Applicant's Available Master Personnel Records.
   Exhibit C.  Letter, HQ ARPC/DPB, dated 29 Mar 06.
   Exhibit D.  Letter, SAF/MRBR, dated 31 Mar 06.
   Exhibit E.  Letters, Applicant, dated 7 Apr & 13 Jun 06.




                                   KATHLEEN F. GRAHAM
                                   Panel Chair