RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 03-03253
INDEX CODE: 110.00
COUNSEL: None
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be promoted to the grade of technical sergeant because he was a Prisoner
of War.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Many of his officer friends who were former Prisoners of War have been
promoted a grade.
Applicant submits no supporting documentation. Applicant’s submission is
at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant was inducted into the Army of the United States on 25 August 1943
and entered active duty on 15 September 1943, was assigned to duty in the
Air Corps, and was progressively promoted to the grade of staff sergeant.
The applicant was assigned to the 323 Bombardment Squadron, in the European
Theater of Operations as an Aerial Gunner, from 1 July 1944 through 5 June
1946, when he returned to the Continental United States. He was reported
Missing in Action on 6 January 1945 and his status as a Prisoner of War was
confirmed on 28 March 1945. The Air Force office of primary responsibility
indicates that the applicant was returned to military control on 29 April
1945. The applicant was honorably discharged in the grade of staff
sergeant on 30 September 1945, for the Convenience of the Government
(Demobilization).
On 1 December 2003, after a review of his available military personnel
record, the Recognition Programs Branch, determined that the applicant’s
Report of Separation did not reflect the POW Medal, Distinguished Unit
Citation, American Campaign Medal, and World War II Victory Medal. 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. DPPPWB states that
recovered personnel must have been absent from military control under
honorable conditions for eighteen 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 four months, he does not meet the prerequisites for a
promotion. The AFPC/DPPPWB evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the applicant
on 19 December 2003, for review and response. As of this date, this office
has received no response.
_________________________________________________________________
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. Applicant’s contentions are duly noted;
however, we do not find these uncorroborated assertions, in and by
themselves, sufficiently persuasive to override the rational provided by
the Air Force. Therefore, we agree with the recommendation of the Air
Force and adopt the rationale expressed as the basis for our decision that
the applicant has failed to sustain his burden that he has suffered either
an error or an injustice. While we appreciate and honor the applicant’s
service to his country, in view of the above and absent persuasive evidence
showing his records are in error or unjust, the applicant’s request cannot
be favorably considered.
4. The applicant’s case is adequately documented and it has not been shown
that a personal appearance with or without counsel will materially add to
our understanding of the issues involved.
_________________________________________________________________
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 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 30 January 2004, under the provisions of AFI 36-2603:
Mr. Wayne R. Gracie, Panel Chair
Ms. Carolyn B. Willis, Member
Mr. Michael J. Maglio, Member
The following documentary evidence for AFBCMR Docket Number 03-03253 was
considered:
Exhibit A. DD Form 149, dated 24 Sep 03.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPWB, dated 2 Dec 03.
Exhibit D. Letter, SAF/MRBR, dated 19 Dec 03.
WAYNE R. GRACIE
Panel Chair
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