RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-01967
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He receive a direct promotion to the grade of captain (0-3).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was a B-17 pilot who flew a mission over France and was shot
down. He spent the next 76 days in the French Underground. On
4 Sep 44, he made it back to England and was told his promotion
to captain was sent in on that same day. However, after
returning to the United States a few days later he never received
the orders notifying him of his promotion nor did he ever receive
the pay as a captain.
He placed an inquiry to his Congressman only to receive a letter
that advised him his records were destroyed at the National
Personnel Records Center (NPRC) in a the fire of 1973. However,
he recently received information that some of the records may be
available so he chose to pursue this matter.
In support of his request, the applicant provides a copy of his
Congressional Inquiry package.
His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application are contained
in the letter prepared by the appropriate office of the Air
Force. Accordingly, there is no need to recite these facts in
this Record of Proceedings.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOO recommends denial. The applicant has not provided any
documentation to show he was eligible or recommended for
promotion to the next higher grade. Additionally, given the
unlikelihood of success on the merits, DPSOO strongly recommends
the Board find that it would not be in the interest of justice to
excuse the delay. DPSOO states the case should be dismissed as
untimely because the claim cannot be adequately addressed due to
the passage of time that has resulted in the loss or destruction
of the records needed to adjudicate the claim. .
The DPSOO complete evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 9 Sep 11 for review and comment within 30 days. As of this
date, this office has received no response.
_________________________________________________________________
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 based on the
available evidence of record, we find no basis upon which to
favorably consider this application. Therefore, in the absence of
evidence to the contrary, we find no 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 AFBCMR Docket Number
BC-2011-01967 in Executive Session on 20 Oct 11, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 22 May 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOO, dated 30 Aug 11.
Exhibit D. Letter, SAF/MRBR, dated 9 Sep 11.
Panel Chair
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