RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:                       DOCKET NUMBER:  01-00304
                                  INDEX CODE 107.00  130.00  131.09
                                        COUNSEL: No

                                        HEARING DESIRED: Not Indicated


_________________________________________________________________

APPLICANT REQUESTS THAT:

His WD AGO Form 53-55 reflect that he was a  prisoner  of  war  (POW),
promoted to the rank of master sergeant (MSgt), and awarded the Purple
Heart (PH) First Oak Leaf Cluster (1OLC).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was shot down over Germany and  was  a  POW  for  approximately  23
months until his release around May 45.  He should have been  promoted
to MSgt on his return to duty, but he was not aware of this until  two
years ago.  He was awarded the PH due  to  injuries  he  sustained  in
action on 13 Jun 43 when his plane crashed over Germany.  However,  he
was never awarded the PH for injuries  he  sustained  when  his  plane
crashed over England.

His Congressional Representative provides a letter of inquiry.

The applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant had 1 year and 2 days of prior enlisted  service  as  an
Army private. Upon completion of his term of service, he was honorably
discharged on 17 Sep 41.

He enlisted in the Army Air Corps on 23 Jan 42. He  departed  for  the
European Theater on 23 Apr 43.  He was a POW from 13 Jun 43 to  5  May
45. He departed the European Theater on 3 Jun 45 and arrived in the US
on 11 Jun 45.  He was demobilized and honorably discharged on  25  Sep
45 in the grade of technical sergeant (TSgt) with 3  years,  8  months
and 2 days of active service.  His WD AGO
Form 53-55 reflects a rank of TSgt and that he participated in the Air
Offensive of Europe and in  the  Normandy,  Northern  France,  Central
Europe  and  Rhineland  campaigns.  The  document  also  indicates  he
received the Good conduct Medal,  the  Air  Medal,  and  the  European
African Middle Eastern  Campaign  Medal  and  received  no  wounds  in
action.

The applicant provided a 9 Oct 45 War Department  document  indicating
that he was awarded the PH for wounds received in action on 13 Jun  43
in the European Theater.

On 20 Oct 00, his WD AGO Form 53-55 was administratively corrected  to
reflect receipt of the PH, the POW medal, the American Campaign Medal,
the World War II victory  Medal,  and  that  he  was  wounded  in  the
European Area on 13 Jun 43.
_________________________________________________________________

AIR FORCE EVALUATION:

The Director, Personnel  Accountability,  HQ  AFPC/DPW,  reviewed  the
appeal and recommended that the applicant’s records  be  corrected  to
reflect POW status from 13 Jun 43 to 5 May 45.

A complete copy of the evaluation, with attachment, is at Exhibit C.

The Chief, Inquiries/AFBCMR Section,  HQ  AFPC/DPPPWB,  advised  that,
since the applicant was a POW for approximately 23  months,  he  meets
the prerequisites for a POW promotion and recommends he be promoted to
MSgt effective 24 Sep 45, one day prior to his discharge date.

A complete copy of the evaluation, with attachments, is at Exhibit D.

The Chief, Recognition Programs Branch, HQ  AFPC/DPPPR,  advised  that
their office notified the applicant of the criteria for award  of  the
PH on 13 Jun 01.  Additional information  regarding  the  injuries  he
believes warrant a second  PH  was  requested;  however,  he  has  not
responded.  Denial is recommended.

A complete copy of the evaluation, with attachment, is at Exhibit E.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Complete copies of the Air Force evaluations  were  forwarded  to  the
applicant on 24 Aug 01 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.    Sufficient relevant evidence has been presented  to  demonstrate
the existence of  probable  error  or  injustice  to  warrant  partial
relief.  We agree with the Air Force’s  rationale  and  recommendation
regarding the applicant’s request for POW status credit and  promotion
to MSgt and conclude his  records  should  be  corrected  accordingly.
However, despite invitations for additional information substantiating
his  claim  for  the  PH  10LC,  the  applicant  has  not   responded.
Therefore, we have no recourse at this time but to concur with the Air
Force that this portion of his  request  should  be  denied.   If  the
applicant should submit additional evidence supporting his request for
the PH 1OLC, we would be willing to  reconsider  this  aspect  of  his
appeal. Unless and until he does so, we are constrained  to  recommend
that his records be corrected only 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 master sergeant, effective and with a date of rank of  24
Sep 45, and that his WD AGO Form 53-55 reflect he was  a  prisoner  of
war from 13 Jun 43 to 5 May 45 and was  honorably  discharged  in  the
grade of master sergeant, rather than technical sergeant.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 27 September 2001, under the provisions of AFI 36-
2603:

                  Mr. Patrick R. Wheeler, Panel Chair
                  Mr. Timothy A. Beyland, Member
                  Ms. Brenda L. Romine, Member

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

   Exhibit A.  DD Form 149, dated 28 Nov 00, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPW, dated 31 May 01, w/atch.
   Exhibit D.  Letter, HQ AFPC/DPPPWB, dated 6 Jun 01, w/atchs.
   Exhibit E.  Letter, HQ AFPC/DPPPR, dated 21 Aug 01, w/atch.
   Exhibit F.  Letter, SAF/MRBR, dated 24 Aug 01.




                                   PATRICK R. WHEELER
                                   Panel Chair



AFBCMR 01-00304




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                   , be corrected to show that he was
promoted to the grade of master sergeant, effective and with a date of
rank of 24 September 1945, and that his WD AGO Form 53-55 reflect he
was a prisoner of war from 13 June 1943 to 5 May 1945 and was
honorably discharged in the grade of master sergeant, rather than
technical sergeant.





   JOE G. LINEBERGER

   Director

   Air Force Review Boards Agency