RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-01967 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

He receive a direct promotion to the grade of captain (0-3). 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was a B-17 pilot who flew a mission over France and was shot 
down. He spent the next 76 days in the French Underground. On 
4 Sep 44, he made it back to England and was told his promotion 
to captain was sent in on that same day. However, after 
returning to the United States a few days later he never received 
the orders notifying him of his promotion nor did he ever receive 
the pay as a captain. 

 

He placed an inquiry to his Congressman only to receive a letter 
that advised him his records were destroyed at the National 
Personnel Records Center (NPRC) in a the fire of 1973. However, 
he recently received information that some of the records may be 
available so he chose to pursue this matter. 

 

In support of his request, the applicant provides a copy of his 
Congressional Inquiry package. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The relevant facts pertaining to this application are contained 
in the letter prepared by the appropriate office of the Air 
Force. Accordingly, there is no need to recite these facts in 
this Record of Proceedings. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSOO recommends denial. The applicant has not provided any 
documentation to show he was eligible or recommended for 


promotion to the next higher grade. Additionally, given the 
unlikelihood of success on the merits, DPSOO strongly recommends 
the Board find that it would not be in the interest of justice to 
excuse the delay. DPSOO states the case should be dismissed as 
untimely because the claim cannot be adequately addressed due to 
the passage of time that has resulted in the loss or destruction 
of the records needed to adjudicate the claim. . 

 

The DPSOO complete evaluation is at Exhibit B. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the applicant 
on 9 Sep 11 for review and comment within 30 days. As of this 
date, this office has received no response. 

 

_________________________________________________________________ 

 

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 based on the 
available evidence of record, we find no basis upon which to 
favorably consider this application. Therefore, in the absence of 
evidence to the contrary, we find no 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 AFBCMR Docket Number 
BC-2011-01967 in Executive Session on 20 Oct 11, under the 
provisions of AFI 36-2603: 

 


 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 22 May 11, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSOO, dated 30 Aug 11. 

 Exhibit D. Letter, SAF/MRBR, dated 9 Sep 11.