RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBERS:  BC-2004-02161
		INDEX CODE:  131.00
		COUNSEL:  None

		HEARING DESIRED:  Yes

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APPLICANT REQUESTS THAT:

His records be corrected to reflect he was promoted to first lieutenant in 1944.

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APPLICANT CONTENDS THAT:

He should have been promoted with his year group in 1944.  He believes his records were not reviewed due to his transient status.

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

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STATEMENT OF FACTS:

The applicant enlisted in the Enlisted Reserve Corps (ERC) on 10 February 1943.  He was honorably discharged on 7 February 1944 to accept a commission.  He entered active duty as a second lieutenant (2Lt) in the Army of the United States (AUS) on 8 February 1944.  He was relieved from active duty in the grade of second lieutenant on 7 October 1945.  He entered the Air Corps (AC) Reserve as a second lieutenant on 23 November 1945.  He entered the Officers Reserve Corps (ORC) as a first lieutenant on 1 July 1947.  The applicant continued his military career, and was progressively promoted to the rank of major and retired on 11 February 1985.

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AIR FORCE EVALUATION:

HQ AFPC/DPPPO states the requirements for promotion were governed by Army Regulation (AR) 605-12, Temporary Promotions in the Army of the United States dated 24 July 1944.  Generally, officers were not recommended for promotion, nor were recommendations forwarded, or promotions approved by a commander exercising promotion authority unless a position vacancy existed under the jurisdiction of the commander concerned in the grade to which promotion was recommended.  Additionally, officers were not recommended for promotion until they served the minimum time-in-grade requirements.

On 9 December 1944, AR 605-12 was amended to allow second lieutenants who had completed 18 months of service to be promoted to first lieutenant without regard to Table or Organization or allotment vacancies in the grade of first lieutenant, provided the individuals were qualified for and worthy of promotion.  The authorization was not to be used for automatic promotion of all second lieutenants, but was reserved for those denied merited advancement solely because they were not assigned to positions established for the higher grade.

HQ AFPC/DPPPO further recommends the requested relief be dismissed under the equitable doctrine of laches, which denies relief to one who has unreasonably and inexcusably delayed in asserting a claim.

A complete copy of the evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 22 October 2004, for review and response.  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 and adopt its rationale as the basis for our decision that the applicant has failed to sustain his burden that he has suffered either an error or an injustice.  Army Regulation 605-12, Temporary Promotions in the Army of the United States, 24 July 1944, governed the requirements for promotion.  On 9 December 1944, the regulation was amended to allow second lieutenants who had completed 18 months of service to be promoted to first lieutenant without regard to the Table of Organization or allotment vacancies in the grade of first lieutenant, provided the servicemembers were qualified for and worthy of promotion.  This change was not to be used for the automatic promotion of all second lieutenants, but was designed for those who were denied promotions because they were not assigned to positions established for the higher grade.  The applicant’s records reflect he entered active duty as a second lieutenant on 8 February 1944 and was relieved from active duty on 7 October 1945.  While it appears he had the 18 months of service, he has not established he met the other criteria for promotion.  Without documentation indicating he was eligible for promotion under any other provision of law or policy, we cannot determine if he was eligible for promotion to first lieutenant in 1944.  Therefore, in view of the foregoing and in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

4.	The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue(s) involved.  Therefore, the request for a hearing is not favorably considered.

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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-2004-02161 in Executive Session on 8 December 2004, under the provisions of AFI 36‑2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 7 Jul 04, w/atchs.
	Exhibit B.	Available Military Personnel Records.
	Exhibit C.	Letter, AFPC/DPPPO, dated 15 Oct 04.
	Exhibit D.	Letter, SAF/MRBR, dated 22 Oct 04.