RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  98-03206
            INDEX CODE:  131.09
      APPLICANT  COUNSEL:  None

            HEARING DESIRED:  No

___________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show that, prior to his  relief  from  active
duty on  8  November  1945,  he  was  promoted  to  the  grade  of  first
lieutenant.

___________________________________________________________________

APPLICANT CONTENDS THAT:

Had he not been a Prisoner of War (POW), he believes he would  have  been
promoted by his time in grade and his duties as a  lead  bombardier.   He
served his country faithfully and well.

In support of his application,  the  applicant  provided  copies  of  his
military records and correspondence  associated  with  the  matter  under
review.  The applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

The applicant’s  records  were  destroyed  in  a  fire  at  the  National
Personnel Records Center (NPRC) in July 1973.  The following  information
was extracted from documents provided by the applicant.

On 18 March 1944, having previously been appointed an aviation cadet  and
following successful completion of training, the applicant was  appointed
a second lieutenant (temporary), Army of the United  States,  Air  Corps,
and was awarded the aeronautical rating of bombardier.  He entered active
duty on 18 March 1944.  On 26 June 1944, he was assigned to duties in the
European Theater of Operations (ETO).   Available  information  indicates
that he flew 8 combat missions, including a mission on  12  August  1944,
when his aircraft was shot down.  He was reported missing in  action  and
it was subsequently determined he was a POW.  He was returned to military
control on 1 May 1945,  having  been  in  POW  status  for  a  period  of
approximately 8 months and 19 days).   He  was  returned  to  the  United
States on 21 June 1945 for repatriation under Project R.

On 26 September 1945, the applicant entered terminal leave status.  On  8
November 1945, he was relieved from active duty in the  grade  of  second
lieutenant by reason of demobilization.  He was credited with service  as
a commissioned officer of 7 months and 20 days of continental service and
1 year and 1 day of foreign service.  He had participated in the Northern
France and Rhineland battles and campaigns and had been awarded  the  Air
Medal, the EAME Theater Ribbon with 2 Bronze Service Stars, and the World
War II Victory Medal.  In January 1999, his records were administratively
corrected to show he was entitled to the American Campaign Medal and  the
Prisoner of War Medal (Germany).

The following is a summarization of the promotion policies  for  officers
which were in effect during the  period  the  events  under  review  took
place.  AR 605-12, dated 17 August 1944,  was  the  regulation  governing
officer promotions at the time of the events cited in  this  application.
For promotion of an officer from second lieutenant to first lieutenant to
occur, a position vacancy had to be available in  the  organization,  the
member must have served  at  least  6  months  in  the  grade  of  second
lieutenant, and the member had to be recommended by the unit commander as
fit for promotion as a result of demonstrated outstanding performance.

In December 1944, Change 1 was issued, which provided that, normally,  no
officer would be recommended for  promotion  unless  a  position  vacancy
existed in the jurisdiction  of  the  recommending  authority.   However,
among the exceptions to this rule was the authorization to recommend  for
promotion any second lieutenant who had completed 18 months of service in
that grade without regard to the  Table  of  Organization,  or  allotment
vacancies in the grade of first lieutenant, provided the  individual  was
qualified for,  and  worthy  of,  promotion.   In  addition,  the  policy
provided that, in such cases, for the purpose of computing time in  grade
for the promotion, service outside the continental limits of  the  United
States or Alaska would be counted as time and a half.  The stated purpose
for the authorization was to provide for the promotion  of  those  denied
merited advancement solely because they were not  assigned  to  positions
established for the higher grade.

In March 1945, the Secretary of War and the Secretary of the Navy  signed
a Joint Agreement of Policy on Returned Prisoners of War and Military and
Naval Personnel of  Like  Status.   Among  other  things,  the  agreement
provided that personnel who presumably would have been advanced in grade,
rank or rating, but for their capture, escape  or  evasion,  would,  upon
their return to military control, receive  prompt  consideration  for  an
immediate promotion of one rank, grade or rating, as soon  as  they  were
found to be individually qualified.  This policy was made a  part  of  AR
605-12 by the issuance of  Change  2,  dated  23  May  1945.   In  a  War
Department Message issued in September 1945, it was  indicated  that  all
POWs who were absent from military control under honorable conditions for
more than 18 months and had not received a one-grade promotion should  be
immediately promoted.  Former POWs who  had  been  absent  from  military
control for less than 18 months were to be processed in  accordance  with
the existing POW promotion policy.

___________________________________________________________________
AIR FORCE EVALUATION:

The Officer Promotions Management  Section,  AFPC/DPPPOO,  reviewed  this
application and recommended denial.  DPPPOO noted  that  the  application
has been filed more than 50 years after  the  events  under  review  took
place and they are therefore of the opinion that the  application  should
be dismissed under the doctrine of laches.  DPPPOO stated that  there  is
no indication in the available record that  the  applicant  was  promoted
under the policy allowing for special consideration for  returnees  after
he had been considered for such a promotion (see Exhibit C).

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the advisory opinion and stated he can provide  no
additional evidence.  He notes that personnel at his last duty assignment
prior to his relief from active duty were unaware  of  his  status  as  a
former POW.  He also stated that in those days, former POWs were not very
popular.  Some held the  opinion  that  POWs  allowed  themselves  to  be
captured to avoid combat.  With all this publicity, they did not  discuss
their POW experiences.  Even at this late date, some of their families do
not know about their experiences.  The time delay  noted  by  DPPPOO  was
caused by public opinions, and disinterest and disbelief  in  the  truth.
He is not pursuing this relief for any money.  Rather, he had filed  this
application so that he can say he is proud he did his part to  make  this
country free because he knows that “Freedom is not Free.”

In a second rebuttal letter, the applicant asserted that his records were
not correct at separation.  Policy for POW promotions was  12  months  of
time in grade for promotion from second to first lieutenant.  He believes
he met the criteria for a POW promotion and stated that  the  Board  must
base its decision on whether he should have been promoted on the  current
record and the policy for promotions for POWs/former POWs  in  effect  at
the time.

The applicant’s submissions are at 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.  Sufficient relevant evidence has been presented  to  demonstrate  the
existence of probable  error  or  injustice.   The  purpose  of  the  POW
promotion policy established in 1945 was to provide  equitable  promotion
consideration for members who most likely would have  been  promoted  but
for their absence from military control.  The applicant was credited with
1 year, 7 months and 21 days of commissioned service, of which 1 year and
1 day was foreign  service.   It  appears  that  the  applicant  met  the
criteria contained in Change 1 to AR 605-12 for  promotion  consideration
to first lieutenant while he was in POW status.  It  is  highly  probable
the absence of any promotion consideration in this case was the result of
an oversight during the period of turmoil  associated  with  repatriation
and demobilization.  In view of the  above  and  in  recognition  of  the
applicant’s service to the nation, we believe  that  any  doubt  in  this
matter should be resolved in his favor and that  his  records  should  be
corrected to show  he  was  promoted  to  first  lieutenant  on  the  day
following his return  to  the  jurisdiction  of  United  States  military
authorities.

___________________________________________________________________

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
temporary grade of first lieutenant,  Army  of  the  United  States  (Air
Corps), effective 2 May 1945, and, on 8 November 1945, he  was  honorably
relieved from active duty in the grade of first lieutenant,  rather  than
in the grade of second lieutenant.

___________________________________________________________________

The following  members  of  the  Board  considered  this  application  in
Executive Session on 1 June 1999 under the provisions of AFI 36-2603:

      Mr. Richard A. Peterson Panel Chair
      Mr. Grover L. Dunn, Member
      Mr. Patrick R. Wheeler, Member

All members voted to correct the records, as recommended.  The  following
documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 14 November 1998, with
                 attachments.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ AFPC/DPPPOO, dated 31 December 1998.
     Exhibit D.  Letter, SAF/MIBR, dated 8 February 1998.
     Exhibit E.  Applicant’s Letter, dated 11 February 1999.




                                   RICHARD A. PETERSON
                                   Panel Chair








AFBCMR 98-03206




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
temporary grade of first lieutenant, Army of the United States (Air
Corps), effective 2 May 1945, and, on 8 November 1945, he was honorably
relieved from active duty in the grade of first lieutenant, rather than
in the grade of second lieutenant.







  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency