RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-03484
INDEX CODE: 129.00, 131.09
XXXXXXXXXXXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show that he was promoted to the grade of
captain (O-3) at the time of his discharge from the Army Air Force (AAF) on
28 November 1945.
________________________________________________________________
APPLICANT CONTENDS THAT:
He joined the Army on 1 April 1942 and was commissioned as a second
lieutenant in January, 1943. He was promoted to the grade of first
lieutenant in approximately August, 1943. He flew 25 combat missions over
Germany, and was awarded the Distinguished Flying Cross (DFC) while
stationed in England. His service, to include being awarded the DFC with
one Oak Leaf Cluster, the Air Medal with 3 Oak Leaf Clusters, the European
Theater Operations Service Medal with one Oak Leaf Cluster, and two group
citations with 25 combat missions over Germany, warranted promotion to the
grade of captain at the time of his discharge.
He has been advised by other veterans that at the time of his discharge, it
was Army policy to be promoted based upon the length of time he was on
active duty and his time-in-grade (TIG) as a first lieutenant. This lack
of promotion to the grade of captain affects his peace of mind.
In support of his appeal, he has provided copies of a Contra Costa County
Veterans Service Office transmittal of his service records to include a WD
AGO Form 53-98, Military Record and Report of Separation Certificate of
Service, an Army of the United States Certificate of Service, HQ AAF West
Coast Training Center Personnel Order Number 2 awarding him an aeronautical
rating of Pilot, correspondence to his spouse pertaining to his Army
National Service Life Insurance, an Individual Sortie Record, Army Service
Forces SO-78 and amendment thereto pertaining to leave granted, a News
Release pertaining to his separation from the AAF, his Army Honorable
Discharge Certificate, and his Enlisted Record.
Applicant’s complete submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant entered active duty as a second lieutenant on 4 January 1943.
He was subsequently promoted to the grade of first lieutenant, and was
released from active duty in that grade on 28 November 1945. There is no
documentation available to confirm when he was promoted to the grade of
first lieutenant.
AFPC/DPSIDR has taken action to correct his Report of Separation to add the
award of the Presidential Unit Citation (PUC) and to change the European-
African-Middle Eastern Medal to read European-African-Middle Eastern Medal
with 1 Bronze Service Star.
________________________________________________________________
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, and 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. Although some officers were authorized promotion
under the Terminal Leave Promotion Program, there are no records available
to determine whether the applicant was eligible to receive a promotion 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.
The AFPC/DPSOO evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the evaluation was forwarded to the applicant on 25
January 2008, 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
the applicant has not been the victim of an error or injustice. 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-2007-03484
in Executive Session on 16 April 2008, under the provisions of AFI 36-2603:
Mr. Thomas S. Markiewicz, Chair
Ms. Mary C. Puckett, Member
Ms. Barbara J. Barger, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 Oct 07, w/atchs.
Exhibit B. Applicant’s Available Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOO, dated 20 Dec 07.
Exhibit D. Letter, SAF/MRBR, dated 25 Jan 08.
THOMAS S. MARKIEWICZ
Chair
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