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AF | BCMR | CY2003 | BC-2003-02396
Original file (BC-2003-02396.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02396
            INDEX CODE:  131.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS:

A one-grade promotion based on being a Prisoner of War  (POW)  from  3
September 1943 to 8 May 1945.

By amendment at Exhibit D, the applicant requests that  his  one-grade
promotion be retroactive to the day he was shot down rather  than  the
day he returned to the United States.
_________________________________________________________________

APPLICANT CONTENDS THAT:

He has just  learned  of  the  Army’s  policy  to  grant  a  one-grade
promotion to service members who were POWs.

In support of his request, the applicant submits copies of his DD Form
214, a personal letter to the Army Review Boards Agency, DD Form  2510
(POW Medal Application/Information), a 1943 telegram and NA Form 13045
(Informal Information Reply).  The  applicant’s  complete  submission,
with attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

Applicant's military personnel records were destroyed by fire in 1973.

Information extracted from  applicant’s  submission  reveals  that  he
entered active duty in the United States Army Air Corps on  3 November
1942.  On 3 September 1943, he was declared a POW and, at the time  of
capture, he held the grade of sergeant.  The applicant  was  liberated
on 8 May 1945.  On 4 November 1945, he was honorably discharged in the
grade  of  staff  sergeant  under  the  provisions   of   AR   615-365
(convenience of government -  demobilization).   He  had  completed  a
total of 1 year, 1 month and 15 days  of  continental  service  and  1
year, 10 months and  17  days  of  foreign  service  at  the  time  of
discharge.
_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPWB recommends the application be  denied.   DPPPWB  states
that there were provisions to promote former POWs one grade when  they
were liberated, provided they were a POW  for  18  months  or  longer.
Since the applicant was a POW for approximately 20 months, he met  the
prerequisites for promotion.  There are no  promotion  orders  in  the
applicant’s record to indicate whether or not he  was  promoted  after
liberation.  However, the POW list indicates his rank as sergeant  and
the Report of Separation shows his rank  as  staff  sergeant.   DPPPWB
therefore assumes the applicant received his one-grade promotion.  The
HQ AFPC/DPPPWB evaluation, with attachments, is at Exhibit B.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the advisory opinion and indicates that he  was
advanced one pay grade, but this was after  returning  to  the  United
States.  He was not given the pay grade increase and back pay  to  the
day he was shot down that is the reason he is giving the Air Force the
opportunity  to  correct  this  issue.    The   applicant’s   complete
submission, with attachment, is at Exhibit D.
_________________________________________________________________

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  took  notice  of   the
applicant's complete submission in judging the  merits  of  the  case.
Inasmuch as the applicant confirms he received a  one-grade  promotion
when he was liberated, no Board action  is  necessary  regarding  this
promotion.  However, with regard to the retroactive pay issue, we note
that a 1945 “Joint Army-Navy Agreement of Policy on Returned Prisoners
of War and Military Personnel  of  Like  Status”  stipulates  that  no
promotions shall have the effect of conferring increases in pay  prior
to the date of return to U.S. jurisdiction.  In view of the foregoing,
it appears that the applicant’s effective date of  promotion  for  pay
purposes was in accordance with the criteria for  such  promotions  in
effect in 1945.  The personal sacrifice the applicant endured for  his
country is noted and our decision should in no way lessen his service.
 However, based on the above and absent  sufficient  evidence  to  the
contrary, 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  in
Executive Session on 17 December 2003, under the provisions of AFI 36-
2603:

                  Mr. David C. Van Gasbeck, Panel Chair
                  Mr. E. David Hoard, Member
                  Ms. Jean A. Reynolds, Member

The following documentary evidence was considered in  connection  with
AFBCMR Docket Number BC-2003-02396.

   Exhibit A.  DD Form 149, dated 29 Jan 03, w/atchs.
   Exhibit B.  Letter, HQ AFPC/DPPPWB, dated 2 Oct 03, w/atchs.
   Exhibit C.  Letter, SAF/MRBR, dated 24 Oct 03.
   Exhibit D.  Letter from Applicant, dated 6 Nov 03, w/atch.




                                   DAVID C. VAN GASBECK
                                   Panel Chair

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