Search Decisions

Decision Text

AF | BCMR | CY2003 | BC-2003-02997
Original file (BC-2003-02997.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02997
            INDEX CODE:  131.06

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

They were told by the pilot that he had put in  a  recommendation  for
the enlisted men on crew to be made  staff  sergeants.   However,  the
promotion was never acted on and they were discharged as sergeants.

In support of the appeal, applicant submits a personal statement.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s  master  personnel  record  (MPR)  appears  to  have  been
destroyed by the 1973 fire at the National  Personnel  Records  Center
(NPRC) in St. Louis.  However, the following facts have been  obtained
from documents provided by the applicant.

Applicant was inducted into the Army of the United States  on  3 April
1943 and entered active duty on that same date.  He  was  assigned  to
duties in the Army Air Corps.  Following training, he performed duties
as an ROM Gunner 757, was  progressively  promoted  to  the  grade  of
sergeant, and was assigned to duties in the  342  Bomb  Squadron  97th
Bomb Group (H).  The applicant was a POW from 10 September 1944  to  8
May 1945.

On 10 October 1945, while serving in the grade  of  sergeant,  he  was
honorably discharged by reason of  demobilization.   He  was  credited
with 1 year, 7 months and 17 days of active duty service, of which  10
months and 21 days were  foreign  service.   He  participated  in  the
battles of Northern France, Southern France, Northern Apennines,  Rome
Arno and Air Combat Balkins and  was  entitled  to  the  Good  Conduct
Medal, the European African Middle Eastern Service Medal, and the  Air
Medal.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPWB states that a review of the applicant’s records  indicates
he was a POW from 10 September 1944 to 8 May 1945, approximately eight
months.  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 18  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  eight
months, he does  not  meet  the  prerequisites  for  a  promotion.   A
complete copy of the evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 31 October 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  error  or  injustice.   We  took  notice  of   the
applicant's complete submission in judging the merits of  his  request
for promotion; however, we agree with the opinion  and  recommendation
of the Air Force and adopt  their  rationale  as  the  basis  for  the
conclusion that the applicant has not been the victim of an  error  or
injustice.  As stated, recovered personnel must have been absent  from
military control under honorable conditions for 18 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.
Therefore, in the absence of evidence showing the  applicant  met  the
eligibility criteria for a one-grade promotion based on his status  as
a POW or any other promotion criteria then in effect and that  he  was
recommended  for  promotion  and  the  recommendation  was  improperly
denied, 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:

      Exhibit A. DD Form 149, dated 4 Sep 03, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPPWB, dated 9 Oct 03.
      Exhibit D. Letter, SAF/MRBR, dated 31 Oct 03.




                             DAVID C. VAN GASBECK
                             Panel Chair

Similar Decisions

  • AF | BCMR | CY2003 | BC-2003-00355

    Original file (BC-2003-00355.doc) Auto-classification: Denied

    _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPPR states that the applicant has not provided any documentation showing he was recommended for, or awarded, the DFC. A complete copy of the evaluation, with attachment, is attached at Exhibit C. AFPC/DPPPWB states that a review of the applicant’s record indicates he was a POW from 13 April 1944 to 3 May 1945, approximately 13 months. A complete copy of their evaluation is attached at Exhibit...

  • AF | BCMR | CY2003 | BC-2003-02396

    Original file (BC-2003-02396.DOC) Auto-classification: Denied

    _________________________________________________________________ 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. There are no promotion orders in the applicant’s record to indicate whether or not he was promoted after liberation.

  • 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. _________________________________________________________________ The following members of the Board considered Docket Number BC-2003- 01537 in...

  • AF | BCMR | CY2003 | BC-2003-01354

    Original file (BC-2003-01354.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-01354 INDEX CODE: 131.06 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to show he is a prisoner of war (POW) and was promoted to a higher grade. While reviewing the applicant’s records, it was discovered that there were errors on his separation document (WD AGO Form 53-55,...

  • AF | BCMR | CY2004 | BC-2003-03253

    Original file (BC-2003-03253.doc) Auto-classification: Denied

    By letter, dated 12 December 2003, applicant was advised of these corrections and provided a copy for his records. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPPWB recommends the application be denied. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of probable material error or injustice; that the...

  • AF | BCMR | CY2004 | BC-2003-03300

    Original file (BC-2003-03300.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-03300 INDEX CODE: 130.00, 131.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect that he was a Prisoner of War (POW) and that he be promoted to the grade of technical sergeant (TSgt). _________________________________________________________________ APPLICANT CONTENDS...

  • AF | BCMR | CY2004 | BC-2002-03224

    Original file (BC-2002-03224.doc) Auto-classification: Approved

    _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPPR recommends denial of the applicant’s request for award of the PH medal. AFPC/DPPPR recommends denial of the applicant’s request for award of the PH medal. The applicant has not provided any documentation or corroborating evidence that he suffered any injuries or wounds while a POW in Germany.

  • AF | BCMR | CY2004 | BC-2004-02101

    Original file (BC-2004-02101.doc) Auto-classification: Denied

    Upon returning to United State’s control, only three surviving officers of his crew were promoted. The 2001 Defense Authorization Act implemented instructions for payment of back pay to any person who, by reason of being interned as a POW while serving as a member of the Navy or Marine Corps during WWII, was not available to accept a promotion for which the person had been selected. _________________________________________________________________ The following members of the Board...

  • AF | BCMR | CY2004 | BC-2004-02397

    Original file (BC-2004-02397.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-02397 INDEX CODE: 107.00 COUNSEL: None HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect he received a promotion to technical sergeant (TSgt) while he was a Prisoner of War (POW). _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPPPWB...

  • AF | BCMR | CY2004 | BC-2003-01259

    Original file (BC-2003-01259.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-01259 INDEX CODE: 107.00; 131.09; COUNSEL: None HEARING DESIRED: No ________________________________________________________________ APPLICANT REQUESTS THAT: An Oak Leaf Cluster (OLC) be added to his Air Medal (AM) or he be awarded the Distinguished Flying Cross (DFC), and his rank at separation be changed to Captain. Evidence has not been provided which would lead us to believe...