RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER: BC-2008-02384 INDEX CODE:	107.00, 131.00 COUNSEL:	NONE
HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
His deceased uncle be posthumously promoted to second lieutenant and issued fitting decorations for the sacrifice he made.

APPLICANT CONTENDS THAT:
The decedent was one month away from completing flight training when he was killed in full flight, through no fault of his own. The decedent’s family was presented with the wings he would have earned.

The other cadet involved in the decedent’s flight accident appears to have been posthumously promoted to second lieutenant.

In support of his request, the applicant provided a copy of the letter forwarding the flight wings, extracted copies of the decedent’s military personnel records, newspaper articles, and photographs.

The applicant's complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:
The decedent entered the Army Air Corps on 12 Sep 38 and was progressively promoted to the grade of aviation cadet. Records indicate that on 30 Aug 43, while in flight training, the decedent was killed in a mid-air collision.

The Air Force Personnel Center has verified and updated the decedent’s records to reflect award of the American Campaign Medal, World War II Victory Medal, and the Honorable Service Lapel Button.

AIR FORCE EVALUATION:
AFPC/DPSIDR	recommends	denial	of	his	request	for	additional decorations.		DPSIDR states there is no evidence of the decedent

being considered for a decoration other than those so indicated which have been administratively added to his record.

The complete AFPC/DPSIDR evaluation is at Exhibit C.
AFPC/DPSOO recommends denial of the request for promotion to second lieutenant. DPSOO states the case should be dismissed as untimely and that the very reasons for having a statute of limitations, like that found in Title 10, U.S.C., and AFI 36- 2603, Air Force Board for Correction of Military Records, include the fact that older claims cannot be adequately addressed because the passage of time has resulted in the loss or destruction of the records needed to adjudicate the claim. When the records no longer exist, there is no basis upon which to grant relief.

The complete AFPC/DPSOO evaluation is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant states that the decedent’s pilot log entry on
13	Aug 43, notes that he was picked up for P-40’s at Eglin Air Force Base, Florida. The reference in the log refers to the fact that he was picked up for an assignment in a P-40 War Hawk Squadron and to be transferred to Eglin.  Further, it notes on
14	August, that he was awaiting transfer to a P-40 Squadron.  On
18 Aug 43, the log noted that he was indeed transferred. By Aug,. 24th, he was transitioning for P-40 War Hawk service. Unfortunately, on 30 Aug 43, he was killed in a mid-air collision with another aviation cadet through no fault of his own.

The applicant states that General H. directed that the pilot wings, presented only to a graduating cadet who was elevated to the rank of second lieutenant, be awarded to his deceased uncle as a result of his service in the Army Air Corps and successful completion of the aviation cadet program. In anticipation of the graduation on 1 Oct 43, his uncle purchased the second lieutenant bars from the Post Exchange at Napier Field.

He states his family had every reason to believe that the honor of being elevated to the rank of second lieutenant was bestowed at the time the wings were presented. At the time of the decedent’s burial in September 1943, his grave marker reflected the rank of lieutenant.

Applicant's complete response is at Exhibit F.

THE BOARD CONCLUDES THAT:
1.	The applicant has exhausted all remedies provided by existing law or regulations.
1.	
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 while we are not without sympathy towards the decedent’s family, we believe the pilot wings were awarded as an “honorary” gesture and had the decedent been posthumously promoted, it would have been done through official channels and with official documentation at the time of the wings presentation. No official documentation or evidence has been provided to show the decedent was ever officially promoted to the grade of second lieutenant or recommended for additional decorations. Consequently, and absent evidence to the contrary, we determined that the decedent has not been the victim of an error or injustice. Therefore, 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- 2008-02384 in Executive Session on 13 November 2008, under the provisions of AFI 36-2603:

Panel Chair 
Member
Member
The following documentary evidence was considered:
Exhibit A.	DD Form 149, w/atchs, dated 17 Jun 08. Exhibit B.	Applicant's Master Personnel Records. Exhibit C.	Memorandum, AFPC/DPSIDR, dated 29 Jul 08. Exhibit D.	Memorandum, AFPC/DPSOO, dated 22 Sep 08. Exhibit E.	Letter, SAF/MRBR, dated 3 Oct 08.
Exhibit F.	Applicant’s Rebuttal, w/atchs, dated 24 Oct 08.