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AF | BCMR | CY2004 | BC-2003-03253
Original file (BC-2003-03253.doc) Auto-classification: Denied

                            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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