RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-00868
		INDEX CODE:  102.07
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be corrected to reflect that he was promoted to the grade of captain on 2 Apr 51, to the grade of major on 19 Apr 55, and to the grade of lieutenant colonel on 1 Jul 62.

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APPLICANT CONTENDS THAT:

His records were previously corrected to reflect that he was promoted to the grade of first lieutenant on 28 Nov 45.  Applicant believes that subsequent promotions should be adjusted to reflect that correction.  

In support of his request, applicant provided copies of his original promotion orders; and, his DD Fm 215, Correction to DD Fm 214, Certificate of Release or Discharge from Active Duty.  His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

In July 2001 the Board considered a request from the applicant and corrected his records to show that on 28 November 1945, he was promoted to the temporary grade of first lieutenant, Army Air Corps; and, on 29 November 1945, he was honorably released from active duty in the grade of first lieutenant, rather than second lieutenant (Exhibit C).

The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit D.  
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AIR FORCE EVALUATION:

ARPC/DPB reviewed applicant’s request and recommends that he be promoted to the temporary grade of captain effective 3 Jan 52, the permanent grade of captain effective 3 Jan 54, and the grade of major effective 1 Jul 60.  DPB states that the applicant served in an enlisted capacity from 11 Sep 46 to 10 Sep 49.  He was voluntarily ordered to extended active duty as a commissioned officer on 3 Jan 51.  The earliest date he would have been eligible for promotion to the temporary grade of captain was 3 Jan 52.  He was released from active duty on 2 Jun 52.  He met the minimum Reserve requirements for promotion to the permanent grade of captain on 3 Jan 54.  

He was considered and not selected for promotion to the grade of major by the 3 Oct 60 major promotion board.  As a deferred officer, he was considered and selected for promotion to the grade of major at his second consideration by the 16 Oct 61 major promotion board and promoted on 1 July 1962.  Based on the 3 Jan 54 date of rank (DOR) to the grade of captain, he would have been eligible for consideration for promotion to the Reserve grade of major by the 7 Dec 59 major promotion board.  Assuming the same conditions, (nonselection at his first consideration and selection at his second consideration) he would have been promoted to major with a DOR of 1 Jul 60.

A DOR of 1 Jul 60 would have made him eligible to be considered for promotion to the grade of lieutenant colonel by the 6 Mar 67 board.  However, between 7 Feb 61 and 23 Aug 67, he earned 2 inactive duty points as a Category E reservist, which means he did not earn sufficient points to warrant any performance reports.  He did not demonstrate the ability to assume the next higher grade; therefore, he would not have been promoted to the grade of lieutenant colonel.

He was assigned to the Inactive Status List Reserve Section (ISLRS) on 23 Aug 67 and to the Retired Reserve on 1 Dec 67.  Both of these inactive Reserve statuses rendered him ineligible for promotion consideration.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states that during the period of 7 Jan 60 through 30 Jun 66 he earned 353 points and was credited with 5 additional years for retirement and pay purposes.  This eliminates the negative aspects set forth in the advisory opinion and substantiates that he was fully qualified to be considered by the 6 Mar 67 promotion board.  He was in a non-pay status when promoted to major and remained in that status until he was retired from the Reserves in 1967.  He earned his required points by completing Air University courses, up to and including the Air Command and Staff College Correspondence Course.  He attended night classes while working towards his Certified Public Accountant certificate.  Applicant expresses his disappointment that the advisory states that he is not entitled for promotion to lieutenant colonel considering that it took him 55 years to get his Purple Heart and 56 years to get his promotion backdated.  He is not seeking favorable consideration for monetary reasons.  He is simply trying to correct what he feels are oversights in his military career.  

In further support of his request, applicant provided a copy of his AF Form 58, Retired Reserve Pay Order.  His complete submission, with attachments, is at Exhibit E.

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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.  Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice warranting partial relief of the applicant's request.  In this regard, after review of the applicant's submission we agree with the opinion and recommendation of the Air Force office of primary responsibility that had the applicant been promoted to first lieutenant on 28 November 1945, he would have been promoted to the grade of captain on 3 January 1954 and subsequently promoted to major on 1 July 1962.  It is our opinion that applying the same conditions as much as possible that existed in his original considerations as suggested by the Air Force would be the fairest and most equitable way of resolving this issue.  Accordingly, we recommend that his promotion dates be adjusted as indicated below.  

4.  The above notwithstanding, we do not find sufficient evidence of error or injustice with regard to his request for promotion to the grade of lieutenant colonel.  The Board took note that the aforementioned adjustments to his promotion dates would have made him eligible for promotion consideration to the rank of lieutenant colonel by a board conducted on 6 March 1967.  However, between 1961 and 1967 the applicant did not occupy a Reserve position, did not receive any officer performance evaluations and earned only 2 inactive duty training points.  In view of these circumstances, we are of the opinion that the applicant would not have been promoted to the rank of lieutenant colonel.  While we are not unmindful or unappreciative of the applicant’s service to the nation, in the absence of evidence that convincingly refutes the opinion and recommendation of the Air Force office of primary responsibility we are compelled to agree with their recommendation and adopt their rationale as the basis for our conclusion that he has not been the victim of an error or injustice.  

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that:

a.	He was promoted to the temporary grade of captain effective 3 January 1952 and to the permanent grade of captain, Reserve of the Air Force, effective 3 January 1954.

	b. He was promoted to the grade of major, Reserve of the Air Force, effective 1 July 1960.

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The following members of the Board considered Docket Number 02-00868 in Executive Session on 27 Jun 02, under the provisions of AFI 36‑2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 6 Mar 02, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Record of Proceedings, dated 24 July 2001.
     Exhibit D.  Letter, ARPC/DPB, dated 15 Apr 02.
     Exhibit E.  Letter, SAF/MRBR, dated 26 Apr 02.
     Exhibit F.  Letter, Applicant, dated 15 May 02, w/atchs.

                                  

AFBCMR 02-00868

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that:

	a.  He was promoted to the temporary grade of captain effective 3 January 1952 and to the permanent grade of captain, Reserve of the Air Force, effective 3 January 1954.

	b.  He was promoted to the grade of major, Reserve of the Air Force, effective 1 July 1960.