ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:		 DOCKET NUMBER: BC-2007-04073
     				 INDEX CODE:  131.03
	   			 COUNSEL: NONE

				 HEARING DESIRED:  NO
_______________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect that he served in the United 
States Army from 24 February 1943 to 2 August 1946, he was 
promoted to the grade of second lieutenant (2Lt) effective 
13 February 1946, and he was promoted to the grade of first 
lieutenant (1Lt) at the time of his separation on 2 August 1946.  

_______________________________________________________________

STATEMENT OF FACTS:

On 29 May 2008, the Board considered and denied the applicant’s 
appeal to correct his records to reflect he was promoted to the 
grade of second lieutenant effective 13 February 1946, and 
promoted to the grade of first lieutenant at the time of his 
separation on 2 August 1946.  A complete copy of the Record of 
Proceedings is attached at Exhibit F (with Exhibits A-E).

By letter, dated 30 June 2008, applicant requests 
reconsideration of his requests, contending he properly and 
timely executed the Oath of Office and took his physical for 
flying status, all while he was still on active duty.  Because 
of a clerical or ministerial error, he was separated from 
service as a flight officer instead of second lieutenant.  

In support of his request for reconsideration, the applicant 
provides a personal statement, and copies of additional military 
personnel records reflecting his grade as second lieutenant.  

The applicant’s complete submission, with attachments, is at 
Exhibit G.

_______________________________________________________________

THE BOARD CONCLUDES THAT:

Sufficient relevant evidence has been presented to demonstrate 
the existence of probable injustice regarding the applicant’s 
promotion to the grade of second lieutenant.  Although we find 
no evidence to confirm he took the Oath of Office, we are of the 
opinion that he has provided sufficient evidence in the form of 
personnel records and photographs, to lead us to conclude that 
he was promoted to the grade of second lieutenant while he was 
still on active duty.  However, insufficient evidence is 
presented to confirm the applicant was eligible for promotion to 
the grade of first lieutenant at the time he separated from 
active duty.  In accordance with a War Department Circular, 
dated 20 October 1945, members given Terminal Leave promotions 
to first lieutenant must have been recommended for promotion and 
served on active duty in the grade of second lieutenant for a 
minimum period of 18 months.  Based on the evidence of record, 
correcting the applicant’s records to reflect he was promoted to 
second lieutenant effective 13 February 1946, as requested, 
would mean he only served on active duty in that grade for less 
than six months.  In view of these factors, we recommend denying 
that portion of his request for promotion to the grade of first 
lieutenant effective 2 August 1946.  In regard to his request to 
correct his records to reflect he served on active duty from 24 
February 1943 to 2 August 1946, we note his records already 
reflect this service; therefore, no further correction is 
necessary.  Based on the aforementioned, we recommend the 
applicant’s records be corrected as indicated below.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air 
Force relating to APPLICANT be corrected to show that he was 
promoted to the grade of second lieutenant effective 13 February 
1946.  

________________________________________________________________

The following members of the Board considered this application 
in Executive Session on 31 July 2009, under the provisions of 
AFI 36-2603:

      		 

All members voted to correct the records, as recommended.  The 
following documentary evidence for AFBCMR Docket Number BC-2007-
04073 was considered:


Exhibit F.  Record of Proceedings, dated 11 Jun 08,
            with Exhibits A through E.
Exhibit G.  Applicant’s Letter, dated 30 Jun 08, with 
atchs.




						
						




AFBCMR BC-2007-04073




MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for 
Correction of Military Records and under the authority of Section 1552, Title 10, United States 
Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to 
APPLICANT, be corrected to show that he was promoted to the 
grade of second lieutenant effective 13 February 1946.