ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-04073
INDEX CODE: 131.03
XXXXXXXXXXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
_______________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect that he served in the United
States Army from 24 February 1943 to 2 August 1946, he was
promoted to the grade of second lieutenant (2Lt) effective
13 February 1946, and he was promoted to the grade of first
lieutenant (1Lt) at the time of his separation on 2 August 1946.
_______________________________________________________________
STATEMENT OF FACTS:
On 29 May 2008, the Board considered and denied the applicants
appeal to correct his records to reflect he was promoted to the
grade of second lieutenant effective 13 February 1946, and
promoted to the grade of first lieutenant at the time of his
separation on 2 August 1946. A complete copy of the Record of
Proceedings is attached at Exhibit F (with Exhibits A-E).
By letter, dated 30 June 2008, applicant requests
reconsideration of his requests, contending he properly and
timely executed the Oath of Office and took his physical for
flying status, all while he was still on active duty. Because
of a clerical or ministerial error, he was separated from
service as a flight officer instead of second lieutenant.
In support of his request for reconsideration, the applicant
provides a personal statement, and copies of additional military
personnel records reflecting his grade as second lieutenant.
The applicants complete submission, with attachments, is at
Exhibit G.
_______________________________________________________________
THE BOARD CONCLUDES THAT:
Sufficient relevant evidence has been presented to demonstrate
the existence of probable injustice regarding the applicants
promotion to the grade of second lieutenant. Although we find
no evidence to confirm he took the Oath of Office, we are of the
opinion that he has provided sufficient evidence in the form of
personnel records and photographs, to lead us to conclude that
he was promoted to the grade of second lieutenant while he was
still on active duty. However, insufficient evidence is
presented to confirm the applicant was eligible for promotion to
the grade of first lieutenant at the time he separated from
active duty. In accordance with a War Department Circular,
dated 20 October 1945, members given Terminal Leave promotions
to first lieutenant must have been recommended for promotion and
served on active duty in the grade of second lieutenant for a
minimum period of 18 months. Based on the evidence of record,
correcting the applicants records to reflect he was promoted to
second lieutenant effective 13 February 1946, as requested,
would mean he only served on active duty in that grade for less
than six months. In view of these factors, we recommend denying
that portion of his request for promotion to the grade of first
lieutenant effective 2 August 1946. In regard to his request to
correct his records to reflect he served on active duty from 24
February 1943 to 2 August 1946, we note his records already
reflect this service; therefore, no further correction is
necessary. Based on the aforementioned, we recommend the
applicants records be corrected as indicated below.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to APPLICANT be corrected to show that he was
promoted to the grade of second lieutenant effective 13 February
1946.
________________________________________________________________
The following members of the Board considered this application
in Executive Session on 31 July 2009, under the provisions of
AFI 36-2603:
XXXXXXXXXXXX, Panel Chair
XXXXXXXXXXXX, Member
XXXXXXXXXXXX, Member
All members voted to correct the records, as recommended. The
following documentary evidence for AFBCMR Docket Number BC-2007-
04073 was considered:
Exhibit F. Record of Proceedings, dated 11 Jun 08,
with Exhibits A through E.
Exhibit G. Applicants Letter, dated 30 Jun 08, with
atchs.
XXXXXXXXXXXXXX
Panel Chair
AFBCMR BC-2007-04073
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air Force Board for
Correction of Military Records and under the authority of Section 1552, Title 10, United States
Code (70A Stat 116), it is directed that:
The pertinent military records of the Department of the Air Force relating to
XXXXXXXXXXXXXXXXXXXXXXXX, be corrected to show that he was promoted to the
grade of second lieutenant effective 13 February 1946.
XXXXXXXXXXX
Director
Air Force Review Boards Agency
4
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