RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01589
		INDEX CODE:  131.09

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

He be promoted to the grade of Colonel.

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APPLICANT CONTENDS THAT:

He should have been promoted to Colonel earlier as a result of over 24 months as a prisoner of war during World War II (WW II) from 19 January 1943 to 29 April 1945.  As a result of an earlier promotion, he would have been promoted to Colonel prior to his retirement in 1969.  He notes that efforts have been underway since 4 June 1985 to effect his promotion to Colonel but that thus far the efforts have been unsuccessful.

In support of his appeal the applicant submits copies of his Officer Effectiveness Reports (OER’s), several letters of support from former military and civilian supervisors, copies of Congressional inquiries, copies of local newspaper articles, and portions of the applicant’s military record.

His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant was commissioned a second lieutenant and entered active duty on 11 April 1942.  He was promoted to first lieutenant on 10 December 1942.  While serving in WWII, he was captured by Germans and held as a Prisoner of War (POW) from 19 January 1943 to 29 April 1945.  He was promoted to captain on 5 October 1945, major on 1 September 1951 and to lieutenant colonel on 3 June 1960.  He was considered by the FY62 Colonel Selection Board but was not selected.  He was placed on the Temporary Disability Retired List (TDRL) effective 11 July 1969 and permanently retired from the TDRL on 1 October 1970.

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AIR FORCE EVALUATION:

AFPC/DPPPO reviewed this application and recommended denial.  DPPPO states that a review of the regulations in effect at the time yields that on 21 September 1945; a change to the promotion policy allowing one-time grade advancement for POWs was approved.  The applicant was promoted to captain under this policy.  Further promotions were based solely on recognition of the ability to perform the duties of the higher grade and competition with peers on a “best qualified” basis.  No policy was ever instituted that mandated or implied the Air Force had an obligation to continue promoting POWs ahead of their peers based on their status.  DPPPO contends that such a policy would have been contrary to the concept of the Air Force promotion system at the time not to mention unfair to those individuals missing in action (MIA’s) and POW’s not yet returned to military control.  

DPPPO’s complete evaluation is 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 23 May 2003 for review and comment within 30 days.  As of this date, no response has been received by this office.

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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.  We took notice of the applicant's complete submission in judging the merits of the case, and laud his exemplary post-career achievements and sense of community; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Other than the once approved promotion opportunity for POW’s, that the applicant was provided in 1945 when he was promoted to captain, there appears to be no other avenues for promotion other than the Air Force promotion system and it’s requirements.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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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-2003-01589 in Executive Session on 19 August 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 28 Apr 03, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPO, dated 20 May 03.
    Exhibit D.  Letter, SAF/MRBR, dated 23 May 03.

                                   Panel Chair