RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-00520
            INDEX CODE:  100.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His prisoner-of-war (POW) release date be changed from 1 May  1945  to
14 May 1945.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was shot down over Bremen, Germany on 29 November 1943 and was held
a POW by the Germany government until he was released on  14 May  1945
at Camp Lucky Strike.

In support of the appeal, applicant submits a  copy  of  his  Enlisted
Record, a copy of the aircraft crew position list,  a  memorandum  and
two letters.  Applicant's complete submission, with attachments, is at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Air Force Air  Corps,  Army  of  the  United
States on 29 September 1942 in the grade of private.  He was appointed
an  aviation  cadet  and  entered  into  flying  training.   Upon  his
successful completion of  training,  on  28  September  1942,  he  was
awarded the aeronautical rating of  pilot,  was  discharged,  and  his
appointment as an aviation  cadet  was  terminated.   On  29 September
1942, he was appointed a second lieutenant, Air Corps Reserve, and was
ordered to active duty.

Applicant performed duties as a B-17 pilot and  was  assigned  to  the
European Theater of Operations from 4 June 1943 until 9 June 1945.  He
was credited with 24 combat missions and  190  combat  hours.   On  29
November  1943,  while  on  a  mission  over  Bremen,   Germany,   the
applicant’s aircraft was hit by enemy fire and he was forced  to  bail
out.  He was immediately captured by the Germans and held a POW.  A WD
AGO Form 0365-1, filed in the applicant’s  record,  indicates  he  was
returned to military control (RMC) on 1 May 1945.  He had been  a  POW
for approximately 17 months and 1 day.  Following his  return  to  the
Continental United States, the applicant entered terminal leave status
on 18 October 1945.  He was relieved from active duty  on  28  January
1946 in the grade of captain by  reason  of  demobilization.   He  was
credited with 1 year, 3 months and 7 days of continental service and 2
years and 22 days of foreign service.  His separation document  issued
at that time indicates he was awarded the Air  Medal  with  three  Oak
Leaf Clusters and the EAME Theater Ribbon with Battle Star.

On 25 January 1980, the applicant submitted an application  requesting
that his records be corrected to show that  he  was  promoted  to  the
grade of captain in November 1943; and that he received  Distinguished
Flying Cross (DFC) for flying more than 25 missions during the  period
in question.

On 13 July 1982, the Deputy for Air Force Review Boards directed  that
his records be corrected as follow:

    a.  On 29 November 1943, he was awarded the  Distinguished  Flying
Cross for extraordinary achievement while participating in  an  aerial
flight  as  the  flight  leader  on  a  B-17  heavy  bomber  aircraft,
commanding a crew on bombing missions during the period  4  July  1943
through 29 November 1943.

    b.  He was recommended and promoted to the grade of captain,  AUS-
AC, on 29 November 1943 and with commensurate date of rank.

    c.  He was recommended and promoted to the grade of major, AUS-AC,
on 28 December 1945 and with commensurate date of rank.

Subsequent to  his  time,  his  separation  document  was  amended  on
28 January 1983 and 14 August 1996 to show he  was  separated  in  the
grade of major and was awarded the Distinguished Flying  Cross  (1983)
and to add the Purple Heart, American Campaign  Medal,  World  War  II
Victory Medal, and the Prisoner of War Medal;  and  to  show  his  POW
status for the period 29 November  1943  to  1  May  1945  (1996).   A
reaccomplished separation document  was  issued  on  9 December  2002,
which added the Silver Star Medal,  and  the  EAME  Medal  with  three
Battle Stars.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPWCM recommends denial of the request to change the  applicant’s
POW release date from 1 May 1945 to 14 May 1945.   DPWCM  stated  that
that the applicant’s release date of 1 May  1945  was  established  by
battle casualty report filed in his master  personnel  records.   This
evaluation, with attachment, is at Exhibit C.

_________________________________________________________________


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 9 October 2003, a copy of the Air Force evaluation was forwarded to
the applicant 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 error or injustice.  Based on information provided by the
applicant and available from witness statements contained at  Internet
Web Sites maintained by veterans who were held at Stalag Luft I,  and,
in view of the fact that the accepted Department of Defense definition
of “return to military control” is the date the individual is returned
to the custody of U.S. Authorities, not to the custody  of  an  allied
force, it appears likely that the date the applicant was  returned  to
the control of U.S. Authorities was, in fact, 14 May 1945, rather than
the date the POW camp was liberated by Russian forces.  We  are  aware
that no tangible benefit will accrue to the applicant as a  result  of
this correction and that his appeal in this matter is based solely  on
his desire that his records accurately reflect  his  service  history.
In view of the foregoing, it is our  opinion  that  the  interests  of
justice would best be served if his  records  were  corrected  in  the
following manner.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT be corrected to show that the date of his return
to military control (RMC) from prisoner of war (POW) status was 14 May
1945, rather than 1 May 1945.

_________________________________________________________________

The following members of the Board considered  this  application,  BC-
2003-00520, in  Executive  Session  on  30  October  2003,  under  the
provisions of AFI 36-2603:

                 Mr. Richard A. Peterson, Panel Chair
                 Mr. Charlie E. Williams, Jr., Member
                 Ms. Dorothy P. Loeb, Member

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

      Exhibit A. DD Form 149, dated 9 Feb 03, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPWCM, dated 27 Mar 03, w/atchs.
      Exhibit D. Letter, SAF/MRBR, dated 9 Oct 03.




                             RICHARD A. PETERSON
                             Panel Chair






AFBCMR BC-2003-00520
INDEX CODE:  100.00




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 the date of his return to
military control (RMC) from prisoner of war (POW) status was 14 May
1945, rather than 1 May 1945.





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency