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AF | BCMR | CY2003 | BC-2003-01537
Original file (BC-2003-01537.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01537
            INDEX CODE:  107.00
            COUNSEL:  DISABLED AMER VETERANS

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show he was promoted to staff sergeant.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Since he was a prisoner of war (POW) during WWII, he is  authorized  a
one (1) grade promotion.

In support of his request, applicant submits a copy of WD AGO Form 53-
55, Enlisted Record and Report of Separation, Honorable Discharge.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s available military  personnel  records  reflect  that  the
applicant served on active duty from 4 January 1944 and was discharged
in the grade of sergeant on 28 November 1945.  He served one (1) year,
two (2) months, and twenty-three (23) days of active duty service.

He served in Europe, and on 26 November 1944 was shot down and  became
a prisoner of war (POW).  He was returned to military  control  on  13
May 1945 and returned to the U.S.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPWB recommended the applicant's request be  denied.   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  eighteen  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 6 months, he does  not
meet the prerequisites for a promotion.

The DPPPWB evaluation, with attachments, is attached at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 3
Jul 2003 for review and comment within 30 days.  As of this  date,  no
response has been received by this office.

_________________________________________________________________

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.  After a thorough review  of  the
applicant’s submission and the available evidence of  record,  we  are
not persuaded that the releif requested should be  granted.   We  took
notice of the complete submission in judging the merits of  the  case;
however, we agree with the opinions and  recommendations  of  the  Air
Force office of primary responsibility and adopt  their  rationale  as
the basis for our conclusion that the former member has not  been  the
victim of an error or injustice.  There  was  no  evidence  presented,
other than his own assertions, which would lead us to believe that  he
was entitled to a promotion to staff sergeant.  Therefore, we find  no
compelling basis to warrant  favorable  consideration  of  the  relief
sought in this application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be  notified  that  the  evidence  presented  did  not
demonstrate the existence of an 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  no   considered   with   this
application.

_________________________________________________________________

The following members of the Board considered Docket  Number  BC-2003-
01537 in Executive Session on 5 August 2003, under the  provisions  of
AFI 36-2603:

                 Mr. Vaughn E. Sclunz, Panel Chair
                 Mr. Mike Novel, Member
                 Ms. Jean A. Reynolds, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 18 Jun 03, w/atchs.
      Exhibit B. Letter, AFPC/DPPPWB, dated 18 Jun 03, w/atchs.
      Exhibit C. Letter, SAF/MRBR, dated 3 Jul 03.







      VAUGHN E. SCLUNZ
      Panel Chair





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