RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: 01-02489

            COUNSEL:  NONE

            HEARING DESIRED:  NO


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APPLICANT REQUESTS THAT:

He be promoted to the grade of staff sergeant (E-5),  effective  2 September
1942.

The applicant also requested that he be awarded the Purple  Heart;  however,
this  portion  of  his  application  was   administratively   corrected   by
AFPC/DPPPRA on 16 October 2001.

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THE APPLICANT CONTENDS THAT:

He was a Prisoner-of-War (POW) from 9 April 1942 through 14 September  1945,
was promoted to the grade of sergeant on  12 March  1942,  and  should  have
been promoted to the grade of staff sergeant on 2 September 1945.

The applicant states that upon the surrender of the American forces  in  the
Philippines to the Japanese,  all  military  records  were  destroyed.   The
records were never reconstituted when he was returned to the  United  States
following the surrender of Japan.

In support of the appeal, applicant submits a statement from his  commanding
officer, dated 17 January 1946, indicating  that  he  was  promoted  to  the
grade of sergeant on or about, 12 March 1942; statements from  former  POWs;
and extracts from his military records.

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

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STATEMENT OF FACTS:

The applicant’s records were destroyed by  fire  on  12  July  1973  at  the
National Personnel Records Center in St. Louis,  Missouri.   Therefore,  the
following information has been extracted from the applicant’s copies of  his
military records.

On 1 December 1941, the applicant was promoted to the grade of  private  and
on 20 December 1941, he was promoted to the grade of corporal.

On 12 March 1942, the applicant was recommended for promotion to  the  grade
of sergeant.

The applicant was a member of the American forces that  surrendered  to  the
Japanese forces at Bataan on 9 April 1942.  He was interned as  a  POW,  and
forced to work in the Omine Coal  Mine  from  17 September  1944  until  his
release to U.S. military control on 14 September 1945 upon the surrender  of
Japan.

Adjutant  General  order  220.2,  dated  29  September  1945,  promoted  the
applicant to the grade of sergeant, effective 2 September 1945.

In  a  message,  dated  21  September  1945,  the  Department  of  the  Army
authorized a one grade promotion to recovered personnel  (i.e.,  POWs)  that
were absent from military control under honorable conditions  for  a  period
of 18 months or longer and had not yet received a one grade promotion  since
return to military control.

A  letter,  dated  18   April   1946,   concerning   the   confirmation   or
redetermination of grades held by  the  applicant,  indicates  that  he  was
promoted to the grade of private on 1 December 1941; promoted to  the  grade
of corporal on 20 December 1941; and promoted to the grade of sergeant on  2
September 1945.

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AIR FORCE EVALUATION:

AFPC/DPPPWB recommends the application be  denied.  AFPC/DPPPWB  states,  in
part, that while the applicant contends he was  promoted  to  the  grade  of
sergeant on 12 March 1942,  Adjutant  General  orders,  dated  29  September
1945, confirmed the verbal orders of the Commander-in-Chief on  2  September
1945.  In addition in response to an 18 April 1946 inquiry, the  applicant’s
case was reviewed and the original determination that  he  was  promoted  to
the  grade  of  sergeant  on  2  September  1945,  not  12 March  1942,  was
reiterated.  The applicant met the  criteria  for  a  POW  promotion  (i.e.,
absent from military control under honorable conditions  for  18  months  or
longer, and had not received a one grade promotion since return to  military
control) and was promoted to sergeant effective 2 September  1945  based  on
his POW status.

The AFPC/DPPPWB evaluation, with attachments, is at Exhibit B.

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APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A  complete  copy  of  the  Air  Force  evaluation,  with  attachments,  was
forwarded to the applicant on  26  October  2001  for  review  and  response
within 30 days.  However, 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 probable error or injustice.  After a thorough  review  of  the
evidence of record and applicant’s submission, a majority of  the  Board  is
not persuaded that relief should be granted.   Applicant’s  contentions  are
duly  noted;  however,  a  majority  of  the  Board  does  not  find   these
assertions, in and by themselves, sufficiently persuasive  to  override  the
rationale provided by the Air Force.  The offices of primary  responsibility
have adequately addressed applicant’s contentions  and  a  majority  of  the
Board agrees with their opinions and recommendations.   A  majority  of  the
Board, therefore, adopts the rationale expressed  as  the  basis  for  their
decision that the applicant has failed to sustain his  burden  that  he  has
suffered either an error or an injustice.  Hence, a majority  of  the  Board
finds no compelling basis to recommend granting the relief sought.

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RECOMMENDATION OF THE BOARD:

A majority of the Board finds insufficient evidence of  error  or  injustice
and recommends the application be denied.

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The following members of the Board considered this application in
Executive Session on 6 December 2001, under the provisions of AFI 36-2603:

                  Mr. John L. Robuck, Panel Chair
                  Mr. Laurence Groner, Member
                  Mr. Philip Sheuerman, Member

The majority of the Board voted to  deny  the  application.   Mr. Sheuerman,
voted to grant the application, but does  not  wish  to  submit  a  Minority
Report.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 23 Aug 01, w/atchs.
    Exhibit B.  Letter, AFPC/DPPPWB, dated 1 Oct 01, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 26 Oct 01.




                                   JOHN L. ROBUCK
                                   Panel Chair