RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02171
            INDEX CODE:  112.05

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

Her deceased spouse’s records be reviewed to determine whether his  date  of
rank (DOR) to first lieutenant should be changed to an earlier date.

_________________________________________________________________

APPLICANT CONTENDS THAT:

If her deceased husband were eligible  for  promotion  to  first  lieutenant
prior to being interned as a prisoner of war (POW), then his promotion  date
to first lieutenant would be retroactive to the date he was taken prisoner.

In support of her appeal, the applicant provided a personal  statement,  AGO
Form 01254 - Transcript of Military Record, Air Force Reserve Orders  Number
---, dated 21 September 1956, POW news  article  from  the  American  Legion
Magazine, dated February 2003 and April 2003, and other documentation.

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

_________________________________________________________________

STATEMENT OF FACTS:

Based  on  the  limited  available   records   information   regarding   the
applicant’s service follows.

The applicant enlisted in the Army of the United  States  in  the  grade  of
private on 12 May 1942 and was honorably discharged on  30 August  1943  and
commissioned in the temporary grade of second lieutenant on  31 August  1943
in the Army of the United States.

The applicant was a POW (Germany) from 14 June 1944 to 29 April 1945.

On 8 November 1945, the applicant  was  recommended  for  promotion  to  the
grade of first lieutenant and  promoted  effective  and  with  a  DOR  of  3
December 1945.

On 6 January 1946, the applicant was honorably discharged in  the  grade  of
second lieutenant under the  provisions  of  RR  1-5  (Demobilization).   He
served two years, four months, and five days of active service.

On 15 March 1946, the applicant was appointed first lieutenant  in  the  Air
Corps, Army of the United States.

On 15 June 1956, the applicant applied for transfer to the  Retired  Reserve
Section based on a medical disqualification for retention in the  Air  Force
Reserve.  His request was approved and he was placed  on  the  USAF  Reserve
Retired List effective 30 September 1956.

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AIR FORCE EVALUATION:

HQ AFPC/DPPPO recommended denial.  They indicated that on 23  May  1945,  AR
605-12 was amended to provide for  an  immediate  one-grade  advancement  of
those individuals who presumably would have been advanced in grade  but  for
their loss to U.S. Military Control.   Public  Law  106-398,  2001  National
Defense Authorization  Act  (NDAA),  dated  30  October  2000,  Section  667
addresses back pay for members of the Navy and  Marine  Corps  selected  for
promotion while interned as POWs during World War II.  This  provision  does
not apply to Army or Air Force officers, nor does  it  authorize  promotions
for former POWs.  They reviewed the record of  the  applicant’s  spouse  and
all applicable regulations in regard to  POW  promotions  and  can  find  no
documentation/provision to support an earlier promotion date  to  the  grade
of first lieutenant.

The evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 22 August 2003, a copy of the Air Force evaluation was forwarded  to  the
applicant for review and response within 30  days.   As  of  this  date,  no
response has been received by this office.

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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 an error or injustice  that  would  warrant  a  change  to  the
servicemember’s date of rank (DOR).  The  applicant  contends  that  if  her
spouse were eligible for  promotion  to  first  lieutenant  prior  to  being
interned as a POW, then his promotion date  to  first  lieutenant  would  be
retroactive to the date he was  taken  prisoner.   We  took  notice  of  the
applicant’s complete submission in judging the merits of the  case;  however
the Board agrees with the opinion and recommendation of the  Air  Force  and
adopts  their  rationale  as  the  basis  for  our   conclusion   that   the
servicemember has not been the victim of an error or injustice.   The  Board
notes  that  during  the  time  period  in  question,  the  governing   Army
regulation indicated that officers  were  not  normally  promoted  unless  a
position vacancy existed under the jurisdiction of the  commander  concerned
in the grade to which  a  promotion  was  recommended.   We  note  that  the
servicemember was a POW from 14 June 1944 to 29 April 1945.  Also  noted  is
that the governing Army regulation was amended on 23  May  1945  to  provide
for an immediate one-grade promotion for those  individuals  who  presumably
would have been advanced in grade but for  their  loss  to  U.  S.  Military
Control.  The servicemember was nominated for promotion in November 1945  in
accordance with the 23 May 1945 amended provisions  of  the  governing  Army
regulation and was promoted to  the  grade  of  first  lieutenant  effective
3 December 1945.  After reviewing the servicemember’s records,  we  find  no
evidence to support an earlier date of rank.  Further, with respect  to  the
2001 NDAA, we note that this law did  not  pertain  to  Army  or  Air  Force
officers, nor did it authorize promotions for POWs.  The personal  sacrifice
the servicemember endured for his country is noted and our  decision  in  no
way diminishes the high  regard  we  have  for  his  service;  however,  the
applicant has failed to  sustain  her  burden  that  the  servicemember  has
suffered either an error or an injustice.   Hence,  we  find  no  compelling
basis to recommend granting the relief sought.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of an 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 AFBCMR Docket Number  BC-2003-
02171 in Executive Session on 23 September 2003,  under  the  provisions  of
AFI 36-2603:

                  Mr. Roscoe Hinton, Jr., Panel Chair
                  Ms. Jean A. Reynolds, Member
                  Ms. Leslie E. Abbott, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 5 April 2003, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPO, dated 18 August 2003, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 22 August 2003.




                                ROSCOE HINTON, JR.
                                Panel Chair