RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-01277
INDEX NUMBER: 131.06
XXXXXXXXXX (Deceased) COUNSEL: None
XXX-XX-XXXX HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
Applicant’s widow requests that the applicant’s date of rank (DOR) for
his promotion to sergeant, 2 Sep 45, be made retroactive to his date
of capture as a prisoner of war (POW), 9 Apr 42.
_________________________________________________________________
APPLICANT CONTENDS THAT:
She believes that her husband was entitled to a one-grade promotion
retroactive to the date of his capture as a POW.
In support of her appeal, applicant provides a copy of an article
detailing actions by the U.S. Navy and Marines to grant retroactive
promotions to the date of capture to former POWs who apply and a copy
of her deceased husband’s DD Form 214.
The applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant was a POW from 9 Apr 42 until 7 Sep 45 while serving in
the grade of corporal.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPWB recommends that the applicant’s widow’s request be denied.
Military Personnel Division Message dated 2259Z, 21 Sep 45 provided
for former POWs to be promoted one grade when they were liberated,
provided they were a POW for 18 months or longer. The provision did
not provide for retroactive promotion to the date of capture. The
applicant met the prerequisites for the one grade promotion and was
promoted to sergeant on 2 Sep 45, the day of his release.
The complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 1
Aug 03 for review and comment within 30 days. To date a response has
not been received.
_________________________________________________________________
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. We took notice of the
applicant's complete submission in judging the merits of the case;
however, we agree with the opinion and recommendation of the Air Force
office of primary responsibility and adopt their rationale as the
basis for our conclusion that the applicant has not been the victim of
an error or injustice. Therefore, in the absence of evidence to the
contrary, we find no compelling basis to recommend granting the relief
sought in this application.
_________________________________________________________________
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 Docket Number BC-2003-
01277 in Executive Session on 6 October 2003, under the provisions of
AFI 36-2603:
Ms. Marilyn Thomas, Panel Chair
Ms. Barbara R. Murray, Member
Ms. Ann-Cecile McDermott, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 6 Mar 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPPPWB, dated 1 Jul 03.
Exhibit D. Letter, SAF/MRBR, dated 1 Aug 03.
MARILYN THOMAS
Panel Chair
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