DOCKET NUMBER: BC-2011-01967
COUNSEL: NONE
HEARING DESIRED: NO
ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:
_________________________________________________________________
APPLICANT REQUESTS THAT:
He receive a direct promotion to the grade of captain (0-3).
_________________________________________________________________
STATEMENT OF FACTS:
On 20 Oct 11, the Board considered and denied the applicant’s
request that he be promoted to the grade of captain. A complete
copy of the Record of Proceedings is attached at Exhibit E (with
Exhibits A through D).
By letter, dated 19 Dec 11, the applicant requests
reconsideration of his request, contending that the destruction
of the records by the fire in 1973 has left him in a “no win”
position. He believes that he earned the promotion for flying
with 8th Air Force by evading capture after being shot down over
France.
In support of the appeal, the applicant submits a personal
statement and a copy of a newspaper clipping.
Applicant’s complete submission, with attachments, is at
Exhibit F.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
In earlier findings, the Board determined that there was
insufficient evidence to warrant any corrective action. After
thoroughly reviewing the additional documentation submitted in
support of his appeal and the evidence of record, we do not find
it sufficient to change our earlier determination in this case.
Due to the passage of time, the applicant’s request cannot be
adequately addressed due to the loss or destruction of the
records needed to properly adjudicate his request. While the
loss of the applicant’s records is regrettable and is due to no
fault of the applicant, nevertheless, in the correction of
records process, the burden of proof of the existence of error or
injustice rest with each individual applicant. Therefore, in
view of the above, and in the absence of evidence to the
contrary, we find no basis upon which to recommend favorable
consideration of the applicant’s request.
_________________________________________________________________
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 the applicant’s
request for reconsideration of AFBCMR Docket Number BC-2011-01967
in Executive Session on 17 Jul 12, under the provisions of AFI
36-2603:
The following additional documentary evidence was considered:
PANEL CHAIR
Exhibit E. Record of Proceedings, dated 27 Oct 11, w/atchs.
Exhibit F. Letter, dated 19 Dec 11, w/atch.
, Panel Chair
, Member
, Member
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