RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01237
		INDEX CODE:  131.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect promotion to the grade of captain.
_________________________________________________________________

APPLICANT CONTENDS THAT:

He should have been promoted to the grade of captain based on a provision in the 2001 National Defense Authorization Act (NDAA) governing Prisoner of War (POW) promotions.  He was a POW from April 1944 to April 1945.

In support of his request, the applicant submits copies of his discharge papers.  The applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

The applicant completed pilot training on 6 September 1942 and was appointed a staff sergeant pilot, Army Air Corps.  On 5 December 1942, he was appointed a temporary flight officer and ordered to active duty.  On 2 April 1944, the applicant was appointed a temporary second lieutenant (2LT), Air Corps, Army of the United States, and was voluntarily ordered to extended active duty.  He served in the European African Middle Eastern (EAME) Theater of Operations as a fighter pilot with the XXXth Fighter Squadron, XXXth Fighter Group of the XXth Air Force from 8 January 1943 to 3 June 1945.  He was a POW in Germany from 18 April 1944 to 29 April 1945.

On 23 October 1945, the applicant was recommended for promotion to the grade of first lieutenant (1LT) based on his service record and because it was presumed that if he had not been a POW, he would have been promoted.  By Special Order No. 266, the applicant was promoted to the temporary grade of 1LT, effective and with a date of rank of 7 November 1945.  On 31 July 1946, he was appointed the permanent grade of first lieutenant and tendered an appointment in the Officers’ Reserve Corps, Army of the United States.  On 14 October 1946, the applicant was relieved from active duty in the grade of lLT.  His tour of active duty consisted of 1 year, 5 months and 13 days of continental service and 2 years, 4 months and 26 days of foreign service at the time of separation.

Following his separation, the applicant continued to serve as a member of the Air Force Reserve in the grade of lLT.  He was promoted to the grade of captain, Reserve of the Air Force, with an effective date of 1 July 1955.  On 16 September 1957, he was relieved from his Reserve assignment and assigned to the Nonaffiliated Reserve Section (NARS).  On 11 February 1959, he was relieved from NARS and reassigned to the Inactive Status List Reserve Section (ISLRS).  Effective 31 May 1961, the applicant was relieved from ISLRS and assigned to the Retired Reserve Section and his name was placed on the USAF Reserve Retired List.

The applicant’s military personnel records were administratively corrected to reflect award of the following decorations:  POW Medal, Air Medal with 11 Oak Leaf Clusters, American Defense Service Medal and the Good Conduct Medal.
_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPO recommends the application be denied.  DPPPO states that there are no provisions in the 2001 National Defense Authorization Act (NDAA) that would entitle the applicant to be promoted to the grade of captain.  The applicant received a one-time promotion authorized under the provisions of Army Regulation 605-12 and applicable directives.  The applicant has not provided any documentation to support his contention that he should have been promoted to the grade of captain.  The HQ AFPC/DPPPO evaluation, with attachments, is at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 1 August 2003 for review and response.  As of this date, this office has received no response (Exhibit D).
_________________________________________________________________

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.  We took notice of the applicant's complete submission in judging the merits of the case.  However, we agree with the opinion and recommendation of the appropriate 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 that he has suffered either an error or an injustice.  The record indicates that the applicant was, in fact, promoted to the grade of first lieutenant based on his status as a POW in accordance with the criteria for such promotions in effect in 1945.  In view of the above and absent evidence that he was qualified and recommended for a further promotion and such a recommendation was improperly denied, we find no compelling basis to recommend granting the relief sought in this application.
_________________________________________________________________

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 Docket Number BC-2003-01237 in Executive Session on 16 October 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 11 Feb 03, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPO, dated 16 Jul 03.
   Exhibit D.  Letter, SAF/MRBR, dated 1 Aug 03.