RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-02929
INDEX CODE: 129.00, 131.09
XXXXXXXXXXXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
He be promoted to the grade of captain (O-3).
________________________________________________________________
APPLICANT CONTENDS THAT:
He should have been discharged with the rank of captain. His name was on
the qualified list but was omitted from the promotion order due to clerical
error, and he was discharged before the matter could be resolved.
He was told by the major in charge to apply to the Adjutant General’s
Office (AGO) in Washington, D.C., and it would be corrected and this was
not done.
He represents World War II aviators at Veteran’s events, including air
shows, and he would like to wear the captain bars on his uniform.
In support of his appeal, he has provided copies of a VA Form 21-4138,
Statement in Support of Claim, an Army of the United States Certificate of
Service, a WD AGO Form 53-98, Military Record and Report of Separation
Certificate of Service, his Army WG AGO Form 66-1, Record of Service, and
Army Service Forces Fourth Service Command Special Order Number 53,
separating him on 2 April 1946.
Applicant’s complete submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant entered active duty as a second lieutenant on 30 August 1943.
He was promoted to the grade of first lieutenant on 21 May 1944, and was
released from active duty in the grade of first lieutenant on 2 April 1946.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOO recommends denial. The applicant has not provided any
documentation to support his contention that he should have been promoted
to the grade of captain. In addition, given the unlikelihood of success on
the merits, they strongly recommend the Board find it would not be in the
interest of justice to excuse the delay, and recommend that the Board deny
the application as untimely. When the records/documentation no longer
exists to verify the allegations, there is no basis upon which to grant
relief. Hence, it would not be in the interest of justice to waive the
time limit and decide the case on its merits.
There is nothing in the applicant’s record to show he was recommended for
promotion, or that he was even eligible for promotion to the grade of
captain. The applicant’s records contain documentation showing that he was
not recommended for promotion based on a low efficiency rating, and that at
the time of his separation he may have been eligible and looked at for a
terminal leave promotion. Eligibility requirements were 18-months time-in-
grade as a first lieutenant and an efficiency index of 40 or higher. Since
his record does not contain a complete copy of his efficiency reports, it
cannot be verified what his efficiency rating would have been. It is noted
that his WG AGO Form 66-1, Part 15, Record of Service, indicates one of his
performance ratings was Satisfactory which could account for the denial of
promotion to captain.
The AFPC/DPSOO evaluation is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
All that he wishes to receive from the Board is an official document
stating that he has now received the terminal leave promotion to the grade
of captain that his officer-in-charge told him he was fully qualified to
receive. His efficiency ratings remained excellent even after he was
placed on co-pilot duty after flack nerves (now called Post Traumatic
Stress Disorder) drained his strength in May 1944.
Applicant’s complete response, with attachments, is at Exhibit D.
________________________________________________________________
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
the applicant has not been the victim of an error or injustice. The
applicant’s contentions are noted; however, there is nothing in his record
to show he was recommended for promotion, or that he was even eligible for
promotion to the grade of captain, and he has not provided any
documentation to support his contention that he should have been promoted
to the grade of captain. 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-2007-02929
in Executive Session on 12 February 2008, under the provisions of AFI 36-
2603:
Ms. Charlene M. Bradley, Panel Chair
Ms. Karen A. Holloman, Member
Mr. Wallace F. Beard, Jr., Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 5 Sep 07, w/atchs.
Exhibit B. Letter, AFPC/DPSOO, dated 3 Dec 07.
Exhibit C. Letter, SAF/MRBR, dated 4 Jan 08.
Exhibit D. Letter, Applicant, dated 17 Jan 08, w/atchs.
CHARLENE M. BRADLEY
Panel Chair
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