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AF | BCMR | CY2002 | 0202094
Original file (0202094.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBERS:  02-02094
            INDEX CODE 131.00  130.00
            COUNSEL:  None

            HEARING DESIRED:  Yes

_________________________________________________________________

APPLICANT REQUESTS THAT:

His father receive the promotions he should have been  given  while  a
Prisoner of War (POW) during World War II (WWII).

_________________________________________________________________

APPLICANT CONTENDS THAT:

His  father’s  promotions  were  not  accounted  for   nor   was   the
corresponding increase in pay received.

The applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The deceased member’s records apparently were essentially destroyed in
the 1973 fire at the National Personnel Records Center.

Based on documents supplied  by  the  applicant,  the  member  entered
active duty in the US Army Air Corps on 3 Jul 42. According to his  WD
AGO Form 53-55, he was wounded in the right hip as he parachuted  from
his plane over France on 10 Jul 43. The member was a sergeant at  that
time. He was a POW from 10 Jul 43 to 1 May 45,  as  confirmed  by  the
Repatriation and Family Affairs  Division,  Department  of  the  Army,
letter dated 11 Feb 02. He was honorably discharged in  the  grade  of
technical sergeant on 18 Oct 45.  The member died on 23 May 98.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPWB assumes that, since the applicant’s father  was  a  POW
for 22 months in the grade of sergeant and  was  honorably  discharged
five months after his repatriation in the grade of technical sergeant,
he was promoted in accordance with policies in effect  at  that  time.
Due to extremely limited records, there are  no  orders  available  to
confirm actual promotion dates. In the absence of documentation to the
contrary, they conclude the applicant’s father was discharged  in  the
appropriate grade and recommend denial.

A complete copy of the evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 26 Jul 02 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.    Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice.  After a thorough review  of  the
evidence of record and applicant’s submission, we  are  not  persuaded
that his late father should be promoted beyond the grade of  technical
sergeant. Applicant’s contentions are duly noted; however, we  do  not
find these assertions, in and by themselves,  sufficiently  persuasive
to override the rationale provided by the Air Force.  The  applicant’s
father was captured  in  the  grade  of  sergeant  and  was  honorably
discharged in the grade of technical sergeant. The applicant  has  not
established that his father  was  entitled  to  a  higher  grade.   We
therefore agree with the Air Force’s  recommendations  and  adopt  the
rationale expressed as the basis for our decision that  the  applicant
has failed to establish his late father suffered either an error or an
injustice. In view of the above and absent persuasive evidence to  the
contrary, we have no alternative but to conclude that the  applicant’s
request should be denied. However,  we  do  wish  to  acknowledge  his
father’s personal sacrifice and hope the applicant and his family  are
justifiably proud of his father’s courage and service while  defending
the country in a time of great peril.

4.    The applicant’s case is adequately documented  and  it  has  not
been shown that a personal appearance with  or  without  counsel  will
materially  add  to  our  understanding  of  the  issue(s)   involved.
Therefore, the request for a hearing is not favorably considered.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of 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  17  October  and  6  November  2002  under  the
provisions of AFI 36-2603:

                 Mr. Jackson A. Hauslein, Jr., Panel Chair
                 Ms. Dorothy P. Loeb, Member
                 Ms. Rita S. Looney, Member

The following documentary evidence relating to AFBCMR Docket Number 02-
02094 was considered:

  Exhibit A. DD Form 149, dated 26 Feb 02, w/atchs.
  Exhibit B. Deceased Members's Limited Master Personnel Records.
  Exhibit C. Letter, HQ AFPC/DPPPWB, dated 11 Jul 02.
  Exhibit D. Letter, SAF/MRBR, dated 26 Jul 02.




                                   JACKSON A. HAUSLEIN, JR.
                                   Panel Chair

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