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AF | BCMR | CY2007 | BC-2006-03283
Original file (BC-2006-03283.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2006-03283
                                             INDEX CODE:  131.07
      XXXXXXXXXXXXXXXXXXXXXXX           COUNSEL:  NONE

                                             HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  28 Apr 2008


________________________________________________________________

APPLICANT REQUESTS THAT:

His father be directly promoted to the grade  of  lieutenant  colonel  (O-5)
posthumously.

________________________________________________________________

APPLICANT CONTENDS THAT:

It is the understanding of the family that  at  the  time  of  his  father’s
death, his name had been posted on the Lieutenant Colonel’s Promotions  List
and that many of these types of promotions have been granted posthumously.

In support of his application, applicant  submits  copies  of  his  father’s
honorable discharge from the Army of the United States, a condolence  letter
to his mother  signed  by  Major  General  Witsell  dated  9 March  1948,  a
condolence letter to his mother signed  by  General  Spaatz  dated  30 March
1948, a Western Union telegram dated 21 April 1948, and a  letter  from  the
National Personnel Records Center (NPRC) dated 16 October 2006.

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

________________________________________________________________

STATEMENT OF FACTS:

Applicant’s father, Major Clare J. Sheelar, was killed  on  30 January  1948
when the plane on which he served crashed.

Section  1521,  Title  10,  United  States  Code,  provides  for  posthumous
promotions as follows:   “The  President  may  issue,  or  have  issued,  an
appropriate commission in the name of a member  of  the  armed  forces  who,
after September 8, 1939,  was  officially  recommended  for  appointment  or
promotion  to  a  commissioned  grade,  and  the  recommendation  for  whose
appointment or promotion was approved by the  Secretary  of  the  Air  Force
concerned but was unable to accept the promotion or appointment  because  of
death in the line of duty.”
Applicant’s records were requested from NPRC but are not  on  file,  and  it
has been determined that they were lost in the July 1973 fire.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPO recommends denial since applicant did not  provide  any  evidence
to support his contention that  his  father  was  on  a  promotion  list  to
lieutenant colonel at the time of this death, and the  fact  that  they  are
unable to determine  if  applicant  met  the  eligibility  requirements  for
promotion to lieutenant colonel nor can they verify he was  on  an  approved
promotion list.  They further recommend that this application  be  dismissed
as untimely since the records no longer exist to verify the claim and  there
is no basis upon which to grant relief.

The AFPC/DPPPO evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was  forwarded  to  the  applicant  on  17
November 2006, for review and comment, within 30 days.  However, as of  this
date, no response has been received by this office.

________________________________________________________________

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.   We  took  notice  of  the  applicant's
complete submission in judging the merits of the  case;  however,  we  agree
with the opinion and recommendation of  the  Air  Force  office  of  primary
responsibility and adopt its rationale as the basis for our conclusion  that
applicant provided no evidence, nor does any exist, that his father  was  on
a promotion list to lieutenant colonel at the time of his death.
Therefore,  in  the  absence  of  evidence  to  the  contrary,  we  find  no
compelling  basis  to  recommend  granting  the  relief   sought   in   this
application.

________________________________________________________________


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  Docket  Number  BC-2006-03283
in Executive Session on 17 January 2007, under the  provisions  of  AFI  36-
2603:

                       Mr. Thomas S. Markiewicz, Chair
                       Ms. Karen A. Holloman, Member
                       Mr. Wallace F. Beard, Jr., Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 2 Dec 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPO, dated 3 Nov 06.
    Exhibit D.  Letter, SAF/MRBR, dated 17 Nov 06.





                                   THOMAS S. MARKIEWICZ
                                   Chair

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