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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