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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