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AF | BCMR | CY2003 | BC-2003-01277
Original file (BC-2003-01277.doc) Auto-classification: Denied

                       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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