RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2006-01869
            INDEX CODE:  131.00
      XXXXXXX    COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: 23 Dec 07
_________________________________________________________________

APPLICANT REQUESTS THAT:

He be promoted to Captain.
_________________________________________________________________

APPLICANT CONTENDS THAT:

He should have been promoted to Captain when he was recalled to active  duty
for a 21-month Korean tour.

On 6 Jun 44, he was promoted to First  Lieutenant,  had  enough  points  for
release from active duty, however, he was retained  as  essential  until  10
Oct 45.  After he  was  released  from  active  duty,  he  remained  in  the
Reserves.  His Reserve CO declined to sign his promotion preferring to  wait
and see how he performed back  on  active  duty.   On  16  Apr  51,  he  was
recalled to active duty for the Korean Conflict.  At that  time,  it  was  a
well known rule that provided  for  an  automatic  one-step  promotion  upon
recall  if  one  had  not  been  promoted  upon  release  from  active  duty
immediately after WWII.

Being a true patriot, he felt if he’d just shut up, follow  orders,  and  do
his job as  a  finance  officer  to  the  best  of  his  ability,  he  would
eventually be promoted.

In support of his request, the applicant provided a  US  Senate  release  of
information/request for information, personal memorandum, DD Form  214,  AGO
Form 53 – 98, and two US Army Certificates of Service.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 27 Feb 42, the applicant enlisted in the  active  duty  Army  and  served
continuously until 29 Aug 43.  On 29 Aug 43,  the  applicant  was  honorably
discharged to accept a commission as a Second Lieutenant  in  the  US  Army.
The applicant re-entered active duty on 30 Aug 43,  was  promoted  to  First
Lieutenant on 6 Jun 44, and served until honorably discharged on 10 Oct  45.
 The applicant served, in the AF Reserves, from  10  Oct  45  until  he  was
called to active duty on 16 Apr  51.   On  15  Jan  53,  the  applicant  was
honorably discharged from active duty, as a First Lieutenant.

On 24 Oct 00, additional documentation was requested from NPRC.   Per  NPRC,
the record to answer the applicant’s inquiry is not  in  their  files.   The
record was present as of 12 Jul 73; however, was in the area  that  suffered
the most damage in the fire and was destroyed.  They provided the  applicant
a NA Form 13038, Certificate of Military Service, in lieu of the  separation
document.
________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPO recommends disapproval.

In February 1951, a suspension, which  was  imposed  on  reserve  promotions
since 5 Aug 50, was lifted to the  extent  that  the  promotion  of  Reserve
officers not on EAD who had not received a promotion in  the  Reserve  to  a
grade higher than their former active duty grade in  WWII,  was  authorized.
The suspension as lifted was extended to allow for the promotion of  reserve
officers who entered on  EAD  subsequent  to  7  Feb  51,  to  be  processed
provided the officers were recommended by their unit commander prior to  the
date they entered active duty and met the eligibility requirements for  that
promotion.  The applicant did indicate in his application that  his  Reserve
CO declined to recommend him for promotion.

AFPC/DPPPO is unable to determine  if  the  applicant  met  the  eligibility
requirements for promotion to captain as they  cannot  verify  his  date  of
rank to first lieutenant.

AFPC/DPPPO states this case should  be  dismissed  as  untimely.   The  very
reasons for having a statute of limitations, like that found  in  10  U.S.C.
1552 and  AFI  36-2603,  include  the  fact  that  stale  claims  cannot  be
adequately addressed because the passage of time has resulted  in  the  loss
or destruction of the records needed to adjudicate the claim.  That  is  the
case here.  The burden of proof rests with the applicant.

The applicant did not provide any evidence to support  his  contention  that
he was eligible for or recommended for promotion to Captain.

The HQ AFPC/DPPPO complete evaluation, with attachments is at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant submitted Promotion Order #0809853 which documented  a  change
in rank from Second Lieutenant to First Lieutenant on
6 Jun 44.

Applicant's complete response, with attachments is 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 probable  error  or  injustice.   We  took  notice  of  the
applicant's complete submission in  judging  the  merits  of  the  case;
however,  the  majority  of  the  Board  agrees  with  the  opinion  and
recommendation of the Air Force office  of  primary  responsibility  and
adopts its rationale as the primary 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  basis  to
recommend granting the relief sought in this application.

_______________________________________________________________

RECOMMENDATION OF THE BOARD:

A majority  of  the  Board  finds  insufficient  evidence  of  error  or
injustice and recommends the application be denied.

_______________________________________________________________

The following members  of  the  Board  considered  this  application  in
Executive Session on 14 November 2006, under the provisions of  AFI  36-
2603:

      Mr. Laurence M. Groner, Panel Chair
      Ms. Mary C. Puckett, Member
      Ms. Kathleen F. Graham, Member

_______________________________________________________________

By a majority vote, the Board voted to deny  applicant’s  request.   Ms.
Graham voted to  grant  the  applicant’s  requests  without  a  minority
report.




The following documentary evidence pertaining to Docket Number
BC–2006-01869 was considered:

    Exhibit A.  DD Form 149, dated 16 May 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFPC/DPPPO, dated 12 Sep 06.
    Exhibit D.  Memorandum, SAF/MRBR, dated 29 Sep 06.
      Exhibit E.  Letter, Applicant, 4 Oct 06 w/atchs.




                                   LAURENCE M. GRONER
                                   Panel Chair

AFBCMR
1535 Command Drive
EE Wing, 3rd Floor
Andrews AFB MD 20762-7002


XXXXXXX
XXXXXXX
XXXXXXX, XXXXXX

Dear XXXXX

      Your application to the Air Force Board for Correction of
Military Records, AFBCMR Docket Number BC-2006-01869, has been
finalized.

      After careful consideration of your applicant and military
records, the Board determined that the evidence you presented did
not demonstrate the existence of material error or injustice.  By a
majority vote, the Board recommended that your application be
denied as set forth in the attached Record of Proceedings.

      You have the right to submit newly discovered relevant
evidence for consideration by the Board.  In the absence of such
additional evidence, a further review of your application is not
possible.

      BY DIRECTION OF THE CHAIRMAN





                                        ALGIE WALKER, JR.
                                        Chief Examiner
                                        Air Force Board for
Correction
                                        of Military Records

Attachments:
1.  Record of Proceedings
2.  SAF/MRB Letter
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
                 FOR CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  AFBCMR Application of XXXXXXX

      I have carefully reviewed the evidence of record and the
recommendation of the Board members.  A majority found that applicant had
not provided sufficient evidence of error or injustice and recommended
the case be denied.  I concur with that finding and their conclusion that
relief is not warranted.  Accordingly, I accept their recommendation that
the application be denied.

      Please advise the applicant accordingly.




                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency
                       AIR FORCE BOARD FOR CORRECTION
                             OF MILITARY RECORDS


                                  DATE:  16 Nov 06

MEMBERS PRESENT:



Mr. Laurence M. Groner, Panel Chair


Ms. Mary C. Puckett, Member


Ms. Kathleen F. Graham, Member


TYPE OF MEETING: FORMAL  _____    EXECUTIVE SESSION X

EXAMINER:  LaTrese M. Taylor

APPLICANT:  XXXXXXX

DOCKET NUMBER:  BC-2006-01869     CASE NO:01


                                                  CODE:  _____


DECISION OF THE BOARD:_____________________________________________

___________________________________________________________________

___________________________________________________________________

___________________________________________________________________

___________________________________________________________________

___________________________________________________________________

RATIONALE:_________________________________________________________

___________________________________________________________________

___________________________________________________________________

___________________________________________________________________

___________________________________________________________________

                       ___________________________________
                       EXAMINER



                   AIR FORCE BOARD FOR CORRECTION
                        OF MILITARY RECORDS

               CASE TRANSMITTAL / COORDINATION RECORD


IN THE MATTER OF:                                  DOCKET NO:

XXXXXXX     BC-2006-01869


ROUTE IN TURN    INITIALS  DATE


1.  CHIEF EXAMINER     ________  ________
    (Coordination)


2.  EXECUTIVE DIRECTOR       ________  ________
    (Coord/Signature)



3.  RETURN TO EXAMINER TO E-MAIL/FAX


    TO PANEL CHAIR


4.  Laurence M. Groner ________  ________
    PANEL CHAIR
    (Signature on Proceedings)


5.  SAF/MRB (Approval) ________  ________


6.  EXAMINER


7.  AFBCMR (Processing)



                                 LATRESE M. TAYLOR
                                 Examiner
                                 Air Force Board for Correction
                                 of Military Records