RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

		INDEX CODE 131.06  131.09
IN THE MATTER OF:	DOCKET NUMBERS:  01-00848
		
		COUNSEL:  None

		HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

He be promoted to the grade of major.

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APPLICANT CONTENDS THAT:

He would have been promoted to major if he had not been taken a prisoner-of-war (POW).  He includes Army/Air Corps officers’ letters, dating from 1945-46, recommending his promotion to major and asserting he was recommended for promotion to captain on or about 5 Mar 42.

His complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant’s military records are no longer available and may have been destroyed by a major fire in 1973.  The information provided below was extracted from the documents he provided in his application (Exhibit A) and rebuttal (Exhibit D).

The applicant entered active duty as a 2nd lieutenant on 11 Jul 41.  He was deployed to the Asiatic Pacific Theater (APT) on 1 Nov 41 and arrived there on 20 Nov 41.

By Special Order No. 64, dated 12 Mar 42, the applicant was promoted to the grade of 1st lieutenant effective 19 Feb 42. The HQ AFPC/DPPPO advisory (Exhibit C) indicates that, in accordance with War Department Circular 1, dated 1 Jan 42, the applicant would have had to perform the duties of a captain for six months, or until Aug 42, before he was eligible for promotion to that grade.

On or around 9 Apr 42, Bataan Peninsula, Philippines, where the applicant was assigned as an intelligence staff officer to the 1st Provisional Air Corps Regiment, surrendered to the Japanese. The applicant received the Purple Heart, apparently for wounds sustained in action on 7 Sep 44.

On 22 Oct 44, the applicant departed the APT and returned to the US on 6 Nov 44.  

According to Special Order No. 295, dated 24 Oct 44, the applicant was promoted to the grade of captain effective that date.

The applicant was discharged on 1 Aug 46 in the grade of captain with 5 years and 21 days of active service. 
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AIR FORCE EVALUATION:

The Chief, Officer Promotion Section, HQ AFPC/DPPPO, reviewed the appeal and provided her rationale for recommending denial.  The Chief also notes that, according to War Department Circular 1, dated 1 Jan 42, the applicant would not have been eligible for promotion to captain until Aug 42.

A complete copy of the evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant explains the surrender of Bataan not only stole his captaincy but also possibly his majority.  If he had been a major in Bataan, he would have been promoted to lieutenant colonel when he escaped following POW protocol at that time.

A complete copy of applicant’s response, with attachments, is at Exhibit D.

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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 probable error or injustice. After a thorough review of the evidence of record and the applicant’s submission, we are not persuaded that he should be promoted to the grade of major. The applicant’s contentions are duly noted but are insufficiently persuasive to override the rationale provided by the Air Force. The applicant was captured around Apr 42 and, upon his return in Sep 44, was subsequently promoted to captain in Oct 44. We note the 1945-46 letters recommending the applicant for promotion to major and indicating that he had been recommended for promotion to captain sometime in Mar 42. However, we also note the applicant appears to have been promoted to 1st lieutenant on 19 Feb 42. HQ AFPC/DPPPO points out that War Department Circular 1 made the applicant ineligible for promotion to captain until Aug 42.  While the applicant may have been recommended for promotion to major in 1945-46, there is no evidence that the recommendation was, or would have been, approved as he was discharged as a captain on 1 Aug 46.  The applicant has not demonstrated that his being a POW prevented his promotion to major or that he should have been promoted to that grade following his release. We therefore agree with the Air Force’s opinions and recommendations and conclude this appeal should be denied. We emphasize, however, that this conclusion should in no way be construed as any form of diminishment of the applicant’s contributions, at significant personal cost, towards our country’s victory in World War II.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable 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.
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The following members of the Board considered this application in Executive Session on 1 August 2001 under the provisions of AFI 36-2603:

			Vice Chair
			Member
			Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 20 Mar 01, w/atchs.
   Exhibit B.  Letter, HQ AFPC/DPPPO, dated 11 May 01.
   Exhibit C.  Letter, SAF/MIBR, dated 15 Jun 01.
   Exhibit D.  Letter, Applicant, dated 29 Jun 01, w/atchs.

                                   
                                   Vice Chair