RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  00-01933
            INDEX CODE:  131.03
            COUNSEL:  NONE

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His discharge papers be changed to reflect that he  was  promoted  while  he
was on active duty.

_________________________________________________________________

APPLICANT CONTENDS THAT:

After his aircraft was shot down over enemy territory, he spent  six  months
behind enemy lines during World War II.  He was not promoted in his  regular
promotion cycle during the 6 months he was separated from his command.

In support of his  request  applicant  submitted  his  Enlisted  Record  and
Report of Separation, his Silver Star  citation,  and  several  photographs.
His complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The majority of  the  applicant’s  records  were  lost  or  destroyed.   The
following is the only available information pertaining  to  the  applicant’s
service.

The applicant was inducted into the Army of the United  States  for  service
in the Army Air Forces on 20 August 1942.   He  entered  active  duty  on  3
September 1942.  Following his successful completion  of  training,  he  was
assigned to duties as an airplane armorer-gunner.   He  was  transferred  to
the European Theater of Operations, arriving there on 15 October  1943.   He
returned to the United States on 21 November 1944.  On 20  August  1945,  he
was honorably released from active duty in the grade of  staff  sergeant  by
reason of demobilization.  He was credited with 1 year,  10  months  and  16
days of active duty in the continental United States and  1  year,  1  month
and 15 days of active duty foreign service.   He  had  participated  in  the
Naples Foggia, Rome Arno, the Air  Offensive  Europe,  and  the  Air  Combat
Balkans battles and campaigns.  He had been awarded the Good Conduct  Medal,
the Purple Heart Medal, the Air Medal with 4 Bronze Oak Leaf  Clusters,  the
Distinguished  Unit  Badge,  the  European-African-Middle  Eastern   Theater
Ribbon with 4 Bronze Battle Stars, 2 Overseas Service Bars,  and  1  Service
Stripe.  In addition, he had been awarded the Silver Star for  gallantry  in
action and devotion to duty while participating  in  a  bombing  mission  on
29 March 1944 and, after bailing  out  of  the  crippled  aircraft,  evading
capture  and  acting  as  a   volunteer   with   partisan   forces.    After
approximately 7  months  during  which  he  participated  in  raids  against
hostile forces and also repaired damaged arms dropped by the allies for  use
by the partisans, the applicant returned to allied control.

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AIR FORCE EVALUATION:

The Enlisted Promotion and Military Testing  Branch,  AFPC/DPPPWB,  reviewed
this application and recommended that the Board  interpose  the  statute  of
limitations.  DPPPWB noted that the applicant was absent from his  unit  for
6 months (from 29 Mar 44) before  returning  to  allied  control  and  that,
after returning to allied control, he served approximately 11 months  before
his discharge.  DPPPWB  assumes  that  his  eligibility  for  promotion  was
reviewed during the 11 months preceding his separation, especially since  he
was awarded the Silver Star for his actions during the period Mar 44 to  Sep
44.  In the absence of evidence to the contrary, DPPPWB must assume  he  was
discharged in the proper grade (see 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 25  Aug
00 for review and response 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.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence  of  probable   error   or   injustice.    After   reviewing   the
documentation presented, we believe that it is not unreasonable  to  presume
that the applicant was not provided proper  promotion  consideration  during
the six months that he  was  in  enemy  territory  and  separated  from  his
command.  In view of the foregoing and in recognition of his service to  the
Nation, it is our opinion that any doubt in this matter should  be  resolved
in the applicant’s favor.  Since, at this late date,  there  is  no  way  to
know when the applicant would have met the established eligibility  criteria
for promotion, we believe that the applicant will  be  afforded  proper  and
fitting relief by correcting his records to show  he  was  promoted  to  the
grade of technical sergeant on the day before his release from active  duty.
 Therefore, we recommend his records be corrected to  the  extent  indicated
below.

_________________________________________________________________

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  grade  of
technical sergeant (E-6) effective and with a date  of  rank  of  19  August
1945.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 22 Nov 00, under the provisions of AFI 36-2603:

      Mr. Terry A. Yonkers, Panel Chair
      Ms. Marcia J. Bachman, Member
      Ms. Margaret A. Zook, Member

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

     Exhibit A.  DD Form 149, dated 18 Apr 00, w/Atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPPWB, dated 7 Aug 00.
     Exhibit D.  Letter, SAF/MIBR, dated 25 Aug 00.




                                  TERRY A. YONKERS
                                  Panel Chair

AFBCMR 00-01933




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
grade of technical sergeant (E-6) effective and with a date of rank of 19
August 1945.









  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency