RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-000738
		INDEX CODE:  108.09
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be corrected to reflect that he retired in the grade of colonel, rather than lieutenant colonel.

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APPLICANT CONTENDS THAT:

After his return to the states, while serving in the grade of lieutenant colonel, he was assigned as Base Commander of Bartow Air Base, FL in a colonel's billet.  The commanders of the eight other bases were full colonels.  He was the only lieutenant colonel assigned.  The commander of the Third Fighter Command told him his performance was excellent, but he did not have enough time in grade for promotion to colonel.  After the tour was ended he was assigned to the Asiatic Staff Officer Course at Yale University, which was made up primarily of colonels.  Following graduation he was assigned against a colonel's billet as commanding officer of an intelligence-gathering unit.  At this time he became ill and was hospitalized at Fitzsimmons Army Medical Center.  Prior to his hospitalization he received a Regular commission.  He was retired in the rank of colonel on 30 Jun 49.  During this period he received several documents, which indicated his promotion to colonel, a normal procedure at the time of retirement.  During the two years he spent in the hospital and five years of treatment, his records were misplaced and have only recently been located.  Since his assignments in three of the last four years of active duty were in colonel billets and his records indicated he was promoted to colonel at retirement, his records should be corrected to reflect retirement in the grade of colonel.

In support of his request, applicant provided a personal statement, documents associated with his retirement and documentation associated with a Congressional inquiry.  His complete submission, with attachments is at Exhibit A.

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STATEMENT OF FACTS:

Applicant served as an enlisted member from 9 Oct 37 through 26 Jun 39 and as an aviation cadet from 27 Jun 39 through 22 Mar 40.  On 23 Mar 40, he was appointed a second lieutenant, Army of the United States Air Corps, in the Officers' Reserve Corps.  On 24 Mar 40, he was voluntarily ordered to extended active duty.  He was progressively promoted to the temporary grade of lieutenant colonel on 4 Feb 44.  He was appointed a colonel, Army of the United States, Officer Reserve Corps on 29 Jul 47.  On 24 Oct 47, he was appointed a captain, Regular Army.  On 1 Jul 48, he was appointed a lieutenant colonel, Army of the United States.  

On 29 Jun 49, the findings of the Retiring Board that he was incapacitated for service by reason of disability was approved by the President and he was retired from active service effective 30 Jun 49 with the grade and pay of a lieutenant colonel.  

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AIR FORCE EVALUATION:

AFPC/DPPPO recommends denial and states that the applicant may be dismissed as untimely.  DPPPO states on 29 Jul 47, the applicant was tendered an appointment as a colonel in the Officer Reserve Corps (ORC), Army of the United States.  This appointment did not affect his current active status and he would not be required to perform duties as an officer under the appointment until specifically ordered under provisions of the National Defense Act.  On 13 Jun 49, the Secretary of the Air Force approved the findings of the Air Force Retiring Board,that he was incapacitated for active service by reason of disability incident to service, incurred while serving in the grade of lieutenant colonel.  Since he was found incapacitated for active service and medically retired, he would have been unable to return to the ORC to accept his appointment as a colonel.  The DPPPO evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states he came down with tuberculosis while in Japan and his wife had to make arrangement for shipment of their belongings.  His belongings were in storage for several years while he was hospitalized and subsequent convalescence.  He just recently was reorganizing his belongings and uncovered the lost documents, which is the reason for his long delay.  He understands it is a common practice to promote a retiree one grade when discharged.  In fact, one of the patients in the hospital with him, with no possibility of returning to active duty was promoted from major to lieutenant colonel at the time of retirement.  Therefore, his request is not unprecedented.  

His complete response, 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.  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 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.  The applicant is requesting that his records be corrected to reflect that he was retired in the grade of colonel.  His contentions are duly noted; however, we are compelled to note that the fact that he was assigned to several positions designated as colonel billets even though he was serving in the grade as a lieutenant colonel, does not automatically authorize his promotion to that grade.  Documentation provided reflects that on 29 Jul 47, he was appointed a colonel in the Officer's Reserve Corps.  However, at the time of his retirement he was serving concurrently as a Regular officer in the grade of lieutenant colonel and was retired from active service in that grade.  With respect to his contention that it was a common practice to promote a retiree one grade upon separation, we note that in accordance with the regulations in effect at the time, officers serving on active duty in a temporary grade were advanced on the retired list to that grade upon retirement.  We see no evidence that he was serving on active duty in any temporary grade higher than lieutenant colonel.  Therefore, it is our opinion that the applicant's records accurately reflect his retirement in the grade of lieutenant colonel and we are not persuaded by the evidence presented that his records should be changed to reflect his retirement in any higher grade.  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-2004-00738 in Executive Session on 27 Jul 04, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 23 Feb 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPO, dated 26 May 04, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 4 Jun 04.
    Exhibit E.  Letter, Applicant, dated 11 Jun 04.