RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2002-02907
		INDEX CODE:  131.00

	APPLICANT	COUNSEL:  XXXX XXXX

		HEARING DESIRED: YES

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APPLICANT REQUESTS THAT:

His military records be changed to reflect a promotion from First Lieutenant (1Lt/0-2) to Captain.

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APPLICANT CONTENDS THAT:

He was promoted by his Commanding Officer at Truax Army Air Base in Madison WI, in September 1944.  The promotion paperwork contained technical errors and was returned by the Adjutant to the unit for correction.  When the corrected promotion paperwork was returned to the Adjutant’s office for processing, his name was missing.  Applicant states that upon discovering the error and notifying his unit he was told that his promotion would be forwarded later.

Applicant’s complete package is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Army Air Force on 14 October 1940 as an Air Cadet and was honorably discharged on 12 December 1940 for not completing flight training.  Applicant reenlisted on 29 May 1941 as an Air Cadet and completed training as a Bombardier.  He was honorably discharged and accepted a commission as a 2Lt on  28 December 1941.  He was promoted to 1Lt on 25 September 1942.  He was honorably discharged and retired for physical disability on 24 September 1944.

Applicant’s records show that he first inquired about a “blanket promotion” opportunity for airmen returning from New Guinea in a letter to the Adjutant dated 6 October 1943. 

The Adjutant’s office (JAG) appears to have forwarded applicant’s letter to the Commanding General, Army Air Forces, Washington DC for an opinion.  A reply to applicant from the Office of Assistant Chief of Staff was sent on 20 October 1943.  The reply indicated that there was no known blanket promotion in effect at that time but that the policy was to promote those officers hospitalized due to injury received as a result of enemy action or aviation accident and who were eligible for promotion.  The reply goes on to say that applicant did not appear to fall within the provisions of said policy based on applicant’s basic communication (original letter).

According to applicant’s official record he was wounded in action during a mission on 23 February 1942.

Applicant responded on 26 November 1943 asking for further consideration of his request, and provided written details of his qualification for promotion under the stated policy by describing how he was wounded and with details of his involvement in a crash landing.  The applicant stated, in regard to promotion eligibility, that he was eligible for promotion at the time of his hospitalization.  There is no record of a response from the Office of Assistant Chief of Staff or any record of official action undertaken from 26 November 1943 forward.  

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AIR FORCE EVALUATION:

HQ AFPC/DPPPO recommends denial citing a lack of documentation supporting applicant’s claim.  Also, DPPPO refers to A.A.F. Regulation No. 35-18, dtd 21 May 1943, and War Department Circular 161, as amended that require 6 months time-in-grade and existence of a position vacancy for the recommended grade.

The evaluation is located at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 8 November 2002 for review and comment within 30 days.  As of this date, no response has been received by this office.  (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 error or injustice.  After a thorough review of the evidence of record and applicant's submission, we are not persuaded that his uncorroborated assertions, in and by themselves, are sufficiently persuasive to override the rationale provided by the Air Force.  The applicant provided no information that showed an actual promotion to captain had either taken place or was impending at his discharge.  Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain his burden of having suffered either an error or injustice.  Therefore, in the absence of persuasive evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

4.  The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

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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.

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The following members of the Board considered AFBCMR Docket Number BC-2002-02907 in Executive Session on 4 March 2003, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dtd 6 Aug 02, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPPO, dtd 1 Nov 02.
    Exhibit D.  Letter, SAF/MRBR, dtd 8 Nov 02.