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AF | BCMR | CY2007 | BC-2000-03359-4
Original file (BC-2000-03359-4.doc) Auto-classification: Approved

FOURTH 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

            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 23 June and 1 September 2005, the Board reconsidered applicant’s  request
that he be promoted to the grade of captain effective 1 February 1945.   The
Board found insufficient evidence of  error  or  injustice  and  denied  his
request.  For an accounting of the facts and circumstances  surrounding  the
application, and the rationale of the earlier decision  by  the  Board,  see
Exhibit N.

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, with attachments, is at Exhibit O.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of error or injustice to warrant the applicant’s promotion to  the
grade  of  captain  effective  1 February  1945.   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.  Applicant 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.  In further support of his appeal, the applicant provides  an
affidavit of one such officer from his squadron,  who  was  given  a  “field
promotion” under similar circumstances.  In view  of  this,  and  given  the
previous statements from the applicant’s command, we recommend  his  records
be corrected to the extent indicated below.


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(s) involved.  Therefore, the  request  for  a
hearing is not favorably considered.


_________________________________________________________________

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
captain, effective 1 February 1945, rather than 1 July 1945.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2000-
03359 in Executive Session on 7 September 2007, under the provisions of  AFI
36-2603:

            Mr. Thomas S. Markiewicz, Chair
            Mr. Michael J. Novel, Member
            Ms. Martha A. Evans, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered:

     Exhibit N.  Third Addendum to Record of Proceedings,
                 dated 15 Feb 06, w/atchs.
     Exhibit O.  Letter, Applicant, dated 17 Apr 07, w/atchs.




                                   THOMAS S. MARKIEWICZ
                                   Chair



AFBCMR BC-2000-03359




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 XXXXXXX, XXXXXXX, be corrected to show that he was promoted to
the grade of captain, effective 1 February 1945, rather than 1 July 1945.







            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

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