RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-02688
            INDEX CODE:  131.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO



_________________________________________________________________

APPLICANT REQUESTS THAT:

His rank of sergeant  (E-4)  be  restored,  his  discharge  papers  be
corrected and his lost pay be restored.
_________________________________________________________________

APPLICANT CONTENDS THAT:

His records were improperly changed from sergeant (E-4) to private (E-
1) while he was in a Prisoner of War (POW) camp in Sweden.

In support of his request, the applicant submits a personal  statement
and copies of his internment papers, dated  20  Jun  44,  showing  his
grade as sergeant, Special Orders #121, dated 1 Dec  44,  showing  his
grade at release from  Sweden  as  private,  his  WD  AGO  Form  53-55
(Enlisted  Report  and  Report  of  Separation)  and   his   discharge
certificate (Exhibit A).
_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the applicant’s Enlisted Record and  Report
of Separation-Honorable  Discharge  reveals  that  he  contracted  his
initial enlistment in the Army Air Corps in the grade of private on 18
Aug 43.  The applicant’s  highest  grade  held  was  sergeant.   On  1
November 1945, he was honorably discharged from the Army Air Corps, in
the grade of private, for the convenience of the government.   He  had
completed a total of 2 years, 1 month  and  24  days  of  active  duty
service:  1 year, 5 months and 8 days of  continental  service  and  0
years, 8 months and 16 days of foreign service.

The relevant facts pertaining to this application, extracted from  the
applicant’s military records, are contained in the letters prepared by
the appropriate offices of the Air Force.  Accordingly,  there  is  no
need to recite these facts in this Record of Proceedings.
_________________________________________________________________

AIR FORCE EVALUATION:

The Personnel Accountability Office, HQ AFPC/DPW, verifies Prisoner of
War (POW) status.  DPW stated that the applicant is not listed on  the
Army Repatriation and Family Affairs Division database of  POWs.   DPW
indicated that Sweden was a neutral country during World  War  II  and
had internment facilities for the war  years.   Combatants  who  found
themselves in Sweden knew they would not  be  returned  to  their  own
countries until the end of the war, but they also knew they would  not
be mistreated.  DPW recommended denial of POW status (Exhibit C).


The Enlisted Promotion and Military Testing  Branch,  HQ  AFPC/DPPPWB,
stated that the applicant was inducted into the Enlisted Reserve Corps
(ERC) on 18 Aug 43 and entered active duty on 8 Sep 43 in the grade of
private.  He was interned in Sweden from Jun  44  until  approximately
Nov 44.  After being released, he was reassigned on 1 Dec 44,  in  the
grade of private and was discharged on  1  Nov  45  in  the  grade  of
private.

DPPPWB stated that applicant’s unreasonable delay has caused prejudice
to the Air Force.  Relevant records have  been  destroyed  or  are  no
longer available, memories have failed, witnesses are unavailable, the
requested remedy (restoration of his grade to sergeant with  back  pay
and allowances) would be unconscionably burdensome/unworkable.   Based
on the limited  records,  it  is  not  possible,  at  this  point,  to
determine the circumstances of the change in the applicant’s grade.

Special Order 121,  dated  1  Dec  44,  relieved  the  applicant  from
Temporary Duty (TD) Stockholm, Sweden, and reassigned him to a  casual
pool of the 70th Replacement Depot,  on  or  about  1  Dec  44.   This
reassignment order shows his grade as private.  The  applicant  states
he was  paid  as  a  private.   His  Enlisted  Record  and  Report  of
Separation-Honorable  Discharge,  shows  his  grade  at  the  time  of
discharge, 1 Nov 45, as private.  Based on the  passage  of  time  and
limited records, DPPPWB is unable to  determine  why  the  applicant’s
grade was changed.  In the absence of documentation to  the  contrary,
DPPPWB must assume he was discharged  in  the  proper  grade.   DPPPWB
recommended the applicant’s be time barred; however, should the  Board
choose to decide the case, they recommended it be denied based on  its
merits (Exhibit D).
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to applicant on  17
May 1999 for review and response.  As of this date,  no  response  has
been received by this office (Exhibit E).
_________________________________________________________________

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 probable 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,  HQ  AFPC/DPPPWB,  and  adopt  the
rationale expressed 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.  In view of the above  and  absent  evidence  to  the
contrary, 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 probable  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  this  application  in
Executive Session on 24 August 1999, under the provisions of  AFI  36-
2603:

                  Mr. Richard A. Peterson, Panel Chair
                  Ms. Patricia D. Vestal, Member
                  Mr. Patrick R. Wheeler, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 20 Jun 97, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPW, dated 20 Apr 99.
   Exhibit D.  Letter, HQ AFPC/DPPPWB, dated 26 Apr 99.
   Exhibit E.  Letter, SAF/MIBR, dated 17 May 99.




                                   RICHARD A. PETERSON
                                   Panel Chair