RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01354
            INDEX CODE:  131.06

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show he is a prisoner of war (POW) and was
promoted to a higher grade.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He is a former POW from prison camp #13 in Romania from 4-16-1944 to 9-
8-1944 during World War II (WWII).  His  rank  of  technical  sergeant
(TSgt) should be adjusted to a higher rank as a result of his being  a
POW.

In support of the appeal, applicant submits copies of orders  dated  7
September 1944 and his Enlisted Record, Report of Separation document,
a POW post card and an envelope, and a  Veterans’  Affairs  (VA)  IDVA
Form 200.  Applicant's complete submission, with  attachments,  is  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s  master  personnel  record  (MPR)  appears  to  have  been
destroyed by the 1973 fire at the National  Personnel  Records  Center
(NPRC) in St. Louis.  However, the following facts have been  obtained
from documents provided by the applicant.

Applicant enlisted in the Army of the  United  States  on  20 November
1942 and entered active duty on that same date.  He  was  assigned  to
duties in the Army Air Force.  Following training, he performed duties
as an Aerial Engineer Gunner, was progressively promoted to the  grade
of technical sergeant, and was assigned  to  duties  in  the  European
Theater of Operations on 20 December 1943.  The applicant  was  a  POW
from 16 April 1944 to 1 September 1944.   Upon  repatriation,  he  was
returned to the United States on 26 September 1944.

On 29 August 1945, while serving in the grade of  technical  sergeant,
he was honorably discharged  by  reason  of  demobilization.   He  was
credited with two years, nine months  and  ten  days  of  active  duty
service, of which 11 months were foreign service.  He had participated
in the Ploesti Air Raid and was entitled to the  Good  Conduct  Medal;
the Purple Heart Medal; the Air Medal, First Silver Oak Leaf  Cluster;
the Distinguished Flying Cross;  the  European-African-Middle  Eastern
Theater Ribbon with one Bronze Battle Star; and one  Overseas  Service
Bar.

While reviewing the applicant’s records, it was discovered that  there
were errors on his separation document (WD AGO  Form  53-55,  Military
Record and Report of Separation - Honorable  Discharge).   A  DD  Form
215, Correction to DD Form 214, Certificate of  Release  or  Discharge
from Active  Duty,  has  been  completed  showing  the  applicant  was
entitled to the POW Medal, the American Campaign Medal and  the  World
War II Victory Medal.

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AIR FORCE EVALUATION:

AFPC/DPPPWB states that a review of the applicant’s records  indicates
he was a POW from 16 April 1944 to  1  September  1944,  approximately
five months.  Military Personnel Division, ASF, Department of the 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 have not yet  received  a  one  grade  promotion  since
return to military  control,  in  order  to  be  eligible  for  a  POW
promotion.  Since the applicant  was  a  POW  for  approximately  five
months, he does  not  meet  the  prerequisites  for  a  promotion.   A
complete copy of the evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states that their prison camp was only in operation from
4 April 1944 to 25 August 1944.  Every officer in the camp upon return
had his or her rank upgraded.  The enlisted men  were  also  given  an
upgrade below the rank of TSgt.  He was up for a promotion  before  he
was shot down.  He thinks the rule concerning  absence  from  military
control under honorable condition had to be made after September 1944.

He is going to a POW reunion on the 25th of August.  It is made up  of
people that were in the camp.  He will follow up with names and  ranks
of people in the Association of Former POWs in Romania  that  made  an
upgrade.

Applicant's complete response is attached 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.  We note  that  action  has  been
taken to administratively correct the applicant’s records to show  his
status as a POW.  Therefore, action by this Board on that  portion  of
the application is not required.  We took notice  of  the  applicant's
complete  submission  in  judging  the  merits  of  his  request   for
promotion; however, we agree with the opinion  and  recommendation  of
the Air  Force  and  adopt  their  rationale  as  the  basis  for  the
conclusion that the applicant has not been the victim of an  error  or
injustice.  As stated, recovered personnel must have been absent  from
military control under honorable conditions for 18 months  or  longer,
and have not yet  received  a  one-grade  promotion  since  return  to
military control, in  order  to  be  eligible  for  a  POW  promotion.
Therefore, in the absence of evidence showing the  applicant  met  the
eligibility criteria for a one-grade promotion based on his status  as
a POW or any other promotion criteria then in effect and that  he  was
recommended  for  promotion  and  the  recommendation  was  improperly
denied, 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  this  application,  BC-
2003-01354, in Executive Session  on  25  September  2003,  under  the
provisions of AFI 36-2603:

                 Mr. Robert S. Boyd, Panel Chair
                 Mr. James E. Short, Member
                 Ms. Martha J. Evans, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 26 Feb 03, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPPWB, dated 18 Jun 03, w/atchs.
      Exhibit D. Letter, SAF/MRBR, dated 1 Aug 03.
      Exhibit E. Applicant’s Response, dated 12 Aug 03, w/atchs.




                             ROBERT S. BOYD
                             Panel Chair