RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBERS:  BC-2003-01285
            INDEX CODE  130.00  131.00  110.01
                 COUNSEL:  None

                 HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  He be granted  a  Prisoner  of  War  (POW)  promotion  from  staff
sergeant (SSgt) to technical sergeant (TSgt).

2.  In his rebuttal (Exhibit E), the applicant  requests  his  WD  AGO
Form 100, Separation Qualification Record, reflect “13 May 45”  rather
than “2 May 45”  in  Item  13;  his  WD  AGO  Form  53-55,  Report  of
Separation, be corrected to show in Item 7 a date of separation of  12
Oct 45, rather than 12 Nov 45, and in Item 34 that he  received  flack
wounds in his left foot and thigh and frostbite in both feet; and  the
DD From 215, Correction to DD Form 214, amending his record to reflect
receipt of the POW medal be corrected to show he was a  POW  until  13
May 45, rather than 1 May 45.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His rank should be changed based on  the  2001  Defense  Authorization
Act.

The applicant’s complete submission, with attachment, is at Exhibit A.


_________________________________________________________________

STATEMENT OF FACTS:

The applicant was inducted in the Army Air Corps  on  19  Mar  43  and
entered active duty on 26 Mar 43.

On 25 Dec 44 the applicant, a B-17 toggelier serving in the  grade  of
SSgt, was in a bomber that sustained flak damage  on  a  mission  over
Czechoslovakia and dropped out of formation. He was first  carried  in
missing-in-action (MIA) status, but he was later determined  to  be  a
POW in Germany. Paris was liberated on 1 May 45.

According to the applicant’s WD AGO Form 53-55, he was returned to  US
control on 13 May 45. His WD AGO Form 100 indicates in Item 13 that he
was a POW until liberated on 2 May 45.

An Assignment Recommendation Form dated 13 Sep 45 advised that he  had
a history of frostbite aggravated by  cold  weather,  was  temporarily
disqualified physically for overseas duty, and should be  assigned  to
warm climate.

The applicant was discharged in the  grade  of  SSgt  on  12  Oct  45,
according to one copy of the WD AGO Form 53-55, the WD AGO Form 100, a
DD Form 13 (Statement of  Service),  and  his  Discharge  Certificate.
Another copy of the WD AGO Form 53-55 indicates a  discharge  date  of
12 Nov 45. However, in addition to the other forms indicating a 12 Oct
45 discharge date, the total length of service of 2  years,  6  months
and 17 days on  both  WD  AGO  Forms  would  indicate  the  12 Oct  45
discharge date is the correct one.

Around 24 Feb 48,  the  applicant  applied  for  reenlistment  in  the
Regular Army as a partially disabled WWII combat-wounded veteran. On 9
Mar 48, he was physically disqualified for  “Residua  of  frost  bite,
left foot, symptomatic.” As a  result,  the  Army  did  not  favorably
consider his request for a waiver of physical disability.

The applicant subsequently reenlisted in the Air Force on  22  Mar  48
and continued his career until his retirement in the grade  of  senior
master sergeant on 1 May 67 after 20 years, 8 months  and  5  days  of
active service.

On 29 May 03, HQ AFPC/DPW advised both HQ AFPC/DPP and  the  applicant
that his records should be corrected to reflect he was a POW  from  25
Dec 44-13 May 45.

On 11 Jul 03, HQ AFPC/DPPRSP notified the applicant that  his  WD  AGO
Form 53-55 had been corrected to reflect  receipt  of  the  POW  Medal
(Germany: 25 Dec 44-1 May 45), the American Campaign Medal, and  World
War II Victory Medal. However, the DD Form 215 refers to the WD AGO 53-
55 date as 12 Nov 45, when the correct discharge date appears to  have
been 12 Oct 45, and indicates his POW status ended 1 May 45.

The Fiscal Year 2001 National Defense Authorization Act  (FY01  NDAA),
Section 667, pertains to members of the Navy and Marine Corps selected
for a one-grade promotion while interned as a POW during World War  II
and applies only to individuals who served as members of the  US  Navy
or Marine Corps.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ  AFPC/DPPPWB  recommends  denial  because  the  Military  Personnel
Division, ASF, Department of Army Message 212259Z Sep 45  states  that
recovered personnel must have been absent from military control  under
honorable conditions for 18 months or longer and not  yet  received  a
one-grade promotion since return to military  control.  The  applicant
was a  POW  for  only  approximately  four  and  one-half  months  and
therefore does not meet the prerequisites.

A complete copy of the evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant pointed out errors in his original Report of  Separation
and in the DD Form 215 used to correct some of the WD AGO  Form  53-55
errors. He contended the DD Form 215 left errors  needing  correction.
His promotion was promised in  combat  and  could  have  had  a  great
difference in future career status. The Russian military  overran  the
POW camp on 2 May 45 and proceeded to  assume  command.  His  American
ranking officer in camp was advised by Gen Eisenhower to remain  where
they were in camp. He was returned to US military control  on  13  May
45. Among his supporting documents, he provided an  undated,  unsigned
letter from HQ AFPC/DPPPRA indicating that the POW period should  have
been 25 Dec 44  to  13  May  45,  rather  than  1  May  45.  [Note:  A
signed/dated copy of this letter could not be found in the applicant’s
military personnel records.]

The applicant’s complete response, with attachments, is at Exhibit E.

_________________________________________________________________

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  to  warrant   granting   the
applicant’s request for promotion to TSgt based on his POW  status.  A
review of the FY02 NDAA appears to indicate that this  bill  addresses
back pay for members of the Navy and Marine Corps  who  were  selected
for promotion while interned as POWs during World War  II.  This  bill
does not apply to Air Force members, nor does it appear  to  authorize
promotions for former POWs. According to the Department  of  the  Army
Message 21229Z Sep 45, the applicant, a member of the Air  Corps,  had
to have been absent from military control under  honorable  conditions
for 18 months or longer to be  eligible  for  a  POW  promotion.   The
applicant was a POW for less than five months (25 Dec 44-13  May  45).
As the applicant has not shown he was a POW for more than 18 months or
that, as a member of the Air Force, he qualifies under the FY01  NDAA,
we find no basis to recommend granting this portion of his appeal.

4.    Sufficient relevant  evidence  has  been  presented  to  warrant
amending the applicant’s WD AGO Form  100  and  the  DD  Form  215  to
reflect he was in POW status until 13 May 45.  The WD AGO Form  53-55,
the source document most contemporary to this period, notes in Item 55
that he was returned to US control on 13 May 45. Further, the  29  May
03 letters from HQ AFPC/DPW to HQ AFPC/DPP and the applicant  indicate
his records should reflect he was a POW from 25 Dec 44 to 13  May  45.
We believe the benefit  of  the  doubt  in  this  instance  should  be
resolved in the applicant’s favor. As for his  request  to  show  flak
wounds in the left thigh as well as the left  foot  and  frostbite  in
both feet in Item 34 of his WD AGO Form 53-55, the  available  records
report frostbite in his left foot only, but not in both feet  or  that
he sustained a flak wound in the left thigh.  Additionally,  we  noted
the applicant had two WD AGO  Forms  53-55  for  this  period  in  his
records, one with a separation date of 12 Oct 45 and  another  with  a
date of 12 Nov 45. We believe the 12 Nov 45 copy to be in  error.  The
applicant’s WD AGO Form 100, DD Form 13, and Discharge Certificate all
indicate a discharge date of 12 Oct 45. Further, the total  length  of
service of 2 years, 6 months and 17 days on both WD  AGO  Forms  53-55
would indicate the 12 Oct  45  discharge  date  is  the  correct  one.
Therefore, we recommend the applicant’s records be  corrected  to  the
extent indicated below.
_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that:

      a.  His  WD  AGO  Form  100,  Separation  Qualification  Record,
reflect 13 May 1945, rather than 2 May 1945, in Item 13.

      b.  His WD AGO Form 53-55, Report of Separation, reflects a date
of separation of 12 October 1945, rather than  12  November  1945,  in
Item 7, and frostbite as well as flak wound in left foot in Item 34.

      c.  The DD From 215, Correction to DD  Form  214,  amending  his
record to show receipt of the POW medal, reflects he was a  POW  until
13 May 1945, rather than 1 May 1945.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 2 October 2003 under the provisions  of  AFI  36-
2603:

                 Mr. Wayne R. Gracie, Panel Chair
                 Mr. Laurence M. Groner, Member
                 Mr. J. Dean Yount, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence relating to AFBCMR  Docket  Number  BC-
2003-01285 was considered:

   Exhibit A.  DD Form 149, dated 2 Mar 03, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPWB, dated 24 Jun 03.
   Exhibit D.  Letter, SAF/MRBR, dated 1 Aug 03.
   Exhibit E.  Letter, Applicant, dated 27 Aug 03, w/atchs.




                                   WAYNE R. GRACIE
                                   Panel Chair



AFBCMR BC-2003-01285



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:

           a.  His WD AGO Form 100, Separation Qualification Record,
reflects 13 May 1945, rather than 2 May 1945, in Item 13.

           b.  His WD AGO Form 53-55, Report of Separation, reflects a
date of separation of 12 October 1945, rather than 12 November 1945,
in Item 7, and frostbite as well as flak wound in left foot in Item
34.

           c.  The DD From 215, Correction to DD Form 214, amending
his record to show receipt of the POW medal, reflects he was a POW
until 13 May 1945, rather than 1 May 1945.





   JOE G. LINEBERGER

   Director

   Air Force Review Boards Agency