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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).

EXAMINER’S NOTE:  On 1 December  2003,  AFPC/DPPPRA  advised  the  applicant
that the portion of his  application  requesting  his  records  reflect  POW
status has  been  resolved  administratively.   Therefore,  the  only  issue
before the Board is promotion to the grade of TSgt.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He should be promoted to the grade of TSgt based on the fact that he  was  a
POW.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was inducted on 8 March 1943 and entered the  Army  Air  Corps
on 15 March 1943.

The applicant was a POW for the period 10 May 1944 through 13 May 1945.

On 27 October 1945, the applicant was  discharged  in  the  grade  of  staff
sergeant, under the provisions of AR 615-365 (Convenience of the  Government
RR 1-1 Demobilization).  He served 2 years 7 months and  20  days  of  total
active military service.



A DD Form  215  (Correction  to  DD  Form  214  Certificate  of  Release  or
Discharge from  Active  Duty)  was  issued  with  the  following  additions:
Prisoner of War (POW) Medal (Germany: 10 May  1944  through  13  May  1945),
American Campaign Medal, and World War II Victory Medal.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPW indicated that the Army Repatriation and  Family  Affairs  Division
provided a POW list that includes  the  applicant’s  name;  therefore,  they
recommend his discharge documents reflect he was a POW from 10 May  1944  to
13 May 1945.

The evaluation, with attachments, is at Exhibit C.

AFPC/DPPPWB recommended denial.  They indicated that the applicant’s  record
indicates he was a POW from 10 May 1944 through 13 May  1945,  approximately
12 months.   Military  Personnel  Division,  ASF,  Department  of  the  Army
Message 212259Z, September 1945, 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  12  months,  he  does  not  meet  the
prerequisites for a promotion.

The evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 19 December 2003, copies of the Air Force evaluations were  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 an error or injustice.  The applicant contends that  he  should
be promoted to the grade of TSgt based on the fact that he was  a  POW.   We
took notice of the applicant’s complete submission in judging the merits  of
the case; however, the Board agrees with the opinion and  recommendation  of
the Air Force and adopts their rationale as the  basis  for  our  conclusion
that the applicant has not been the victim of an error  or  injustice.   The
Board  notes  during  the  time  period  in  question,  the  governing  Army
regulation  indicated  recovered  personnel  must  have  been  absent   from
military control under honorable conditions for eighteen months  or  longer,
and have not received  a  one  grade  promotion  since  return  to  military
control, in order  to  be  eligible  for  a  POW  promotion.   We  note  the
applicant was a POW from 10  May  1944  to  13 May  1945,  approximately  12
months; therefore, he does not meet the prerequisites for a promotion.   The
personal sacrifice the servicemember endured for his country  is  noted  and
our decision in no way diminishes the high regard we have for  his  service;
however, the applicant  has  failed  to  sustain  his  burden  that  he  has
suffered either an error or an injustice.  In view of the above, we find  no
compelling basis to recommend granting the relief sought.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of an 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 AFBCMR Docket Number  BC-2003-
03300 in Executive Session on 29 January 2004, under the provisions  of  AFI
36-2603:

                  Ms. Carolyn J. Watkins-Taylor, Panel Chair
                  Mr. John B. Hennessey, Member
                  Ms. Deborah A. Erickson, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 29 September 2003, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPW, dated 14 November 2003, w/atchs.
   Exhibit D.  Letter, AFPC/DPPPWB, dated 2 December 2003.
   Exhibit E.  Letter, SAF/MRBR, dated 19 December 2003.




                                CAROLYN J. WATKINS-TAYLOR
                                Panel Chair

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