AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2011-01437
COUNSEL: NONE
HEARING DESIRED: NO
IN THE MATTER OF:
_________________________________________________________________
APPLICANT REQUESTS THAT:
His date of commission be changed from 27 Oct 51 to 29 Sep 50.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He should have been offered a commission at the time he enlisted
to attend Aviation Cadet training, based on his prior service in
the Navy Reserve, and because he had completed his Bachelor’s
Degree.
After about two weeks into training he found out that another
cadet was offered a commission because he had a degree and was
sent to Officer Candidate School (OCS).
Had he been offered a commission at the proper date, he would
have been a major in 1958, with higher ranks occurring after his
combat tours, resulting in earlier dates of promotions. Based on
his combat record and assignments, where he would have been the
senior officer, he would have garnered one star and possibly two.
He should have received a Reserve commission no later than the
date he reported for pilot training (29 Sep 50) and maybe as far
back as 20 Dec 49. He did not question this date back then,
because he was taught not to question a higher authority.
In 1959, when he was to be considered for promotion to the grade
of major in the primary zone they changed the promotion list
service date to improve the chances for World War II officers.
He then was not eligible for promotion in the regular system
until four years later. As a result, he spent eight and a half
years as a captain before he became eligible for promotion to the
grade of major in the primary zone.
He was always promoted in the primary zone. When he submitted
his retirement papers, he was told that he had been recommended
for permanent colonel and had a good chance to receive a star in
the next year or two. He was 46 years old and had 29 years of
service for retirement. He believes that if he would have been
offered a commission when he entered pilot training, he would
have been a general officer when he retired.
In support of his request, the applicant provides a personal
statement, copies of correspondence extracted from his military
personnel records and various other documents associated with his
request.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 24 Mar 50, the applicant completed an Application for Aviation
Cadet Training (Pilot Training).
On 29 Sep 50, he entered active duty in the Air Force as an
Aviation Cadet (AvnC) to attend Pilot Training.
He attended pilot training from Sep 50 – Oct 51.
On 27 Oct 51, upon completion of Pilot Training, he accepted a
commission as a second lieutenant in the Air Force Reserves.
On 1 Feb 74, he retired from the Air Force in the grade of
Colonel. He served a total of 24 years, 9 months, and 18 days of
active military service.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIPV recommends denial, stating the request is untimely.
DPSIPV states the applicant had ample opportunity during his
22 years on active duty as an officer to question the reason he
was not offered an earlier commission date. It has been 38 years
since his retirement from the Air Force, the information about
his degree and prior service was shown on his AF Form 56,
Application for Aviation Cadet Training, and DD Form 4,
Enlistment Record – United States Air Force, and could have been
used as supporting documentation. There is no way to determine,
if the applicant had received an earlier commission date that he
would have been selected for promotion to brigadier general.
The complete DPSIPV evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Although his original request mentioned about the possibility of
making general, his main objective was to get his commission date
adjusted from the beginning of his time in the Air Force as a
commissioned officer.
An Air Force Times article, dated 24 Jun 50, talks about
commissions being given at the time of his enlistment in the Air
Force.
2
In addition to the cadet mentioned in his earlier request, he
knew a classmate at Central College who was in the Navy Reserve
and his enlisted time counted for a year in grade as an officer.
His intent was to become a pilot and commissioned officer and the
recruiter failed to turn his name in to enter pilot training. He
believes he should have been commissioned in the USAF as a second
lieutenant on 14 Aug 50, with a DOR of 14 Aug 49.
His request is timely. He was not aware of an appeals board or
the possibility to rectify his record until about eight years
ago, after speaking with a fellow service member.
At the time of his retirement he was told by his commanding
officer that he had been recommended for “permanent colonel,” and
that guaranteed him 28 years as an officer, and a good chance to
receive a star in the next year or two.
The applicant's complete response, with attachment, is at Exhibit
E.
_________________________________________________________________
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. After a
thorough review of the evidence of record and the applicant’s
complete submission, we are not persuaded his date of commission
should be changed to qualify for earlier dates of promotions.
His contentions are duly noted; however, we do not find his
assertions, in and by themselves, sufficiently persuasive. We
note the applicant states at the time of his retirement his
commanding officer advised him that he had been recommended for
promotion to the grade of permanent colonel. According to his
retirement order, he was advance to the grade of colonel. While
the applicant believes he should have been given a commission as
a second lieutenant effective 14 Aug 50, his Enlistment Record,
dated 29 Sep 1950, signed by the applicant clearly states that
“No promises were made to the applicant regarding his enlistment
other than those shown in Items 6 to 9.” In view of the above,
we conclude the applicant has failed to sustain his burden that
he has been the victim of an error or an injustice. Therefore,
in the absence of persuasive evidence that he was denied rights
to which he was entitled, we find no basis to recommend granting
the relief sought in this application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
3
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-2011-01437 in Executive Session on 15 Jan 13, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 5 Apr 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIPV, dated 22 May 12, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 8 Jun 12.
Exhibit E. Letter, Applicant, dated 25 Jun 12, w/atch.
Panel Chair
4
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