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.
_________________________________________________________________
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.
_________________________________________________________________
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.
_________________________________________________________________
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
AF | BCMR | CY2003 | BC-2003-01589
DPPPO’s 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 23 May 2003 for review and comment within 30 days. Other than the once approved promotion opportunity for POW’s, that the applicant was provided in 1945 when he was promoted to captain, there appears to be no other avenues for promotion other than the Air Force promotion...
AF | BCMR | CY2004 | BC-2003-03241
He states, since there are no records available to support a promotion as a member of the 55th Fighter Group, in 1944, he requests that he receive a promotion to first lieutenant, effective 24 December 1944 as authorized by Congress in 2001. Since he would then be a first lieutenant, at the time of his promotion at Wright-Patterson AFB, he requests that promotion, effective that date, be to captain. As stated, although the applicant was promoted to first lieutenant, we do not have any...
AF | BCMR | CY2004 | BC-2003-03812
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-03812 INDEX CODE: 107.00; 131.05 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to show he was promoted to the grade of first lieutenant based on his status as a Prisoner of War (POW), he be awarded the Silver Star, and he be given appropriate recognition (award) for actions...
AF | BCMR | CY2004 | BC-2003-03192
He was awarded the Purple Heart (PH) on 8 April 1945, for wounds received in the ETO on 24 March 1945. The AFPC/DPPPR evaluation is at Exhibit D. _________________________________________________________________ APPLICANT’S REVIEW OF AIR FORCE EVALUATION: A complete copy of the Air Force evaluation was forwarded to the applicant on 19 March 2004 for review and response. The applicant was awarded the PH on 8 April 1945, for wounds he received during a forced aircraft bail out on 24 March 1945.
AF | BCMR | CY1999 | BC-1997-02646
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 97-02646 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be promoted to the grade of captain. _________________________________________________________________ STATEMENT OF FACTS: The relevant facts pertaining to this application, extracted from the applicant's military records, are contained in the letter...
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 97-02646 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be promoted to the grade of captain. _________________________________________________________________ STATEMENT OF FACTS: The relevant facts pertaining to this application, extracted from the applicant's military records, are contained in the letter...
AF | BCMR | CY2006 | BC-2006-00396
He was promoted to the rank of first lieutenant while a POW, and should have been promoted to captain upon his release. Applicant has not provided any evidence that he was recommended for promotion to captain. Additionally, without the applicant’s record, they cannot determine whether he should have been promoted under any other provisions in policy or law HQ AFPC/DPPPO’s complete evaluation is at Exhibit C. ___________________________________________________________________ APPLICANT'S...
AF | BCMR | CY2004 | BC-2003-02555
There is no indication in the veteran’s records of the result of the Army Board for Correction of Military Records. The VA examined the veteran shortly after his discharge and on 20 October 1945 informed him his “alleged disability of Injury to Left Thigh was not shown on the last examination.” The veteran did receive VA compensation however, for contracting malaria during “war service.” Although the Report of Separation reflects he received a wound on 23 March 1945, the veteran, not his...
On 25 Apr 02, HQ AFPC/DPPRSP advised the applicant that his WD AGO Form 53-55, Enlistment Record and Report of Separation, Honorable Discharge, was administratively corrected to reflect his POW status from 18 Nov 44 – 26 May 45 and award of the POW Medal and Distinguished Unit Citation. The FY97 NDAA designated those members interned in Siberia as eligible for the POW Medal and a $2.50 daily subsistence allowance. _________________________________________________________________ THE BOARD...
AF | BCMR | CY2003 | BC-2003-01237
On 2 April 1944, the applicant was appointed a temporary second lieutenant (2LT), Air Corps, Army of the United States, and was voluntarily ordered to extended active duty. On 23 October 1945, the applicant was recommended for promotion to the grade of first lieutenant (1LT) based on his service record and because it was presumed that if he had not been a POW, he would have been promoted. He was promoted to the grade of captain, Reserve of the Air Force, with an effective date of 1 July 1955.