RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2007-03484
								INDEX CODE:  129.00, 131.09
								COUNSEL:  NONE

								HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be corrected to show that he was promoted to the grade of captain (O-3) at the time of his discharge from the Army Air Force (AAF) on 28 November 1945.

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APPLICANT CONTENDS THAT:

He joined the Army on 1 April 1942 and was commissioned as a second lieutenant in January, 1943.  He was promoted to the grade of first lieutenant in approximately August, 1943.  He flew 25 combat missions over Germany, and was awarded the Distinguished Flying Cross (DFC) while stationed in England.  His service, to include being awarded the DFC with one Oak Leaf Cluster, the Air Medal with 3 Oak Leaf Clusters, the European Theater Operations Service Medal with one Oak Leaf Cluster, and two group citations with 25 combat missions over Germany, warranted promotion to the grade of captain at the time of his discharge.

He has been advised by other veterans that at the time of his discharge, it was Army policy to be promoted based upon the length of time he was on active duty and his time-in-grade (TIG) as a first lieutenant.  This lack of promotion to the grade of captain affects his peace of mind.

In support of his appeal, he has provided copies of a Contra Costa County Veterans Service Office transmittal of his service records to include a WD AGO Form 53-98, Military Record and Report of Separation Certificate of Service, an Army of the United States Certificate of Service, HQ AAF West Coast Training Center Personnel Order Number 2 awarding him an aeronautical rating of Pilot, correspondence to his spouse pertaining to his Army National Service Life Insurance, an Individual Sortie Record, Army Service Forces SO-78 and amendment thereto pertaining to leave granted, a News Release pertaining to his separation from the AAF, his Army Honorable Discharge Certificate, and his Enlisted Record.

Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant entered active duty as a second lieutenant on 4 January 1943.  He was subsequently promoted to the grade of first lieutenant, and was released from active duty in that grade on 28 November 1945.  There is no documentation available to confirm when he was promoted to the grade of first lieutenant.  

AFPC/DPSIDR has taken action to correct his Report of Separation to add the award of the Presidential Unit Citation (PUC) and to change the European-African-Middle Eastern Medal to read European-African-Middle Eastern Medal with 1 Bronze Service Star.

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AIR FORCE EVALUATION:

AFPC/DPSOO recommends denial.  The applicant has not provided any documentation to support his contention that he should have been promoted to the grade of captain, and there is nothing in his record to show he was recommended for promotion, or that he was even eligible for promotion to the grade of captain.  Although some officers were authorized promotion under the Terminal Leave Promotion Program, there are no records available to determine whether the applicant was eligible to receive a promotion to the grade of captain.

In addition, given the unlikelihood of success on the merits, they strongly recommend the Board find it would not be in the interest of justice to excuse the delay, and recommend that the Board deny the application as untimely.  When the records/documentation no longer exists to verify the allegations, there is no basis upon which to grant relief.  

The AFPC/DPSOO evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was forwarded to the applicant on 25 January 2008, for review and comment, within 30 days.  However, 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; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  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 Docket Number BC-2007-03484 in Executive Session on 16 April 2008, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 15 Oct 07, w/atchs.
    Exhibit B.  Applicant’s Available Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSOO, dated 20 Dec 07.
    Exhibit D.  Letter, SAF/MRBR, dated 25 Jan 08.