RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03812
            INDEX CODE:  107.00; 131.05
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show he was  promoted  to  the  grade  of  first
lieutenant based on his status as a Prisoner of War  (POW),  he  be  awarded
the Silver Star,  and  he  be  given  appropriate  recognition  (award)  for
actions performed during a POW forced march.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He saved the lives of many POWs during a forced march from the  prison  camp
of Nuremberg to the prison at Moosburg.  The POWs were observed  and  almost
attacked by an American P-51 pilot who mistakenly thought them to be  German
soldiers.  The other POWs ran and took cover in  a  shallow  ditch,  but  he
stayed in the road waving off the incoming P-51 as it twice flew  over  him.
Because he did not run, the pilot was convinced that  they  were  POWs,  and
flew off waving his wings.  This act deserves a  special  medal  because  he
saved the lives of many POWs.

In support of the application, the applicant submits a Military  Record  and
Report  of  Separation  -  Certificate  of  Service,   documents,   personal
statements and excerpts of records pertaining to his POW status, and a  Book
of Mission.  The applicant's complete submission, with  attachments,  is  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s military  personnel  records  were  destroyed  by  fire  in  the
National Personnel Records Center in 1973.  The  following  information  was
extracted from documents provided by the applicant.

Applicant entered active duty as a commissioned officer in the Army  of  the
United States, Air Corps, on 2 October 1943.  He performed duties as a  B-17
Bombadier during the period of 25 February 1944 to 10 May 1945.   He  was  a
POW from 18 March 1944 to 15 May 1945, a period of approximately 1  year,  1
month and 21 days.
He participated in the Romo-Arno, Air Combat-Balkans,  and  North  Apennines
battles and campaigns.  The applicant was separated in the grade  of  second
lieutenant by reason of Convenience of the  Government  (Demobilization)  on
5 December 1945.  He was credited with 10 months and 18 days of  continental
service and 1 year, 3 months and 15 days of foreign service.

On 9 March 2004, DPPPR provided the applicant with detailed information  and
instructions concerning his request, and advised him that  he  was  entitled
to the following awards:  Purple Heart Medal, POW Medal,  American  Campaign
Medal, European-African-Middle Eastern Campaign Medal (2 Bronze Stars),  and
World  War  II  Victory  Medal.   The  applicant  responded,  and   provided
additional documents.  This letter, with attachments, is at Exhibit F.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPO recommends approval of the applicant’s request for  promotion.
 DPPPO  states  that  requirements  for  promotion  were  governed  by  Army
regulation 605-12, Temporary Promotions in the Army of  the  United  States,
24 Jul 1944.  On 9 December 1944,  this  regulation  was  amended  to  allow
second lieutenants that had completed 18 months of service  to  be  promoted
to first lieutenant without regard to Table  of  Organization  or  allotment
vacancies.  Although there is no  documentation  available  to  support  the
applicant’s claim, based on  AFBCMR  decision  dated  26  May  1989.   DPPPO
believes the applicant would have  been  promoted  to  the  grade  of  first
lieutenant either as a result of his internment or under the  provisions  of
the terminal leave promotion program.  DPPPO’s  complete  evaluation  is  at
Exhibit C.

HQ AFPC/DPPPR recommends denial of the applicant’s request for the award  of
the Silver Star, and “another  medal.”   DPPPR  states  to  be  awarded  the
Silver Star Medal or “another medal” a  written  recommendation  has  to  be
signed by a recommending official and endorsed by the next  higher  official
in the chain of command.  There are no documents in the applicant’s  service
record or among the documents submitted that  indicate  he  was  recommended
for these awards.  DPPPR is unable to verify the applicant’s entitlement  to
the Silver Star and “another medal.”   DPPPR’s  complete  evaluation  is  at
Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant stated that he appreciates the  recommendation  for  promotion
but was surprised  to  find  that  the  military  could  not  do  additional
research to find documentation supporting his request.   He  reiterated  the
awards that he has already received (Exhibit G).
_________________________________________________________________

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.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of error or injustice with respect to the applicant’s request  for
promotion.  The purpose of the POW promotion policy established in 1945  was
to provide equitable promotion consideration for  members  who  most  likely
would have been promoted but for their absence from military  control.   The
applicant was credited with approximately 2 years, 2 months and  3  days  of
commissioned service, of which 1 year 3  months  and  15  days  was  foreign
service.  It appears that  the  applicant  met  the  criteria  contained  in
Change 1 to AR 605-12 for promotion consideration to first lieutenant  while
he was in POW  status.   The  applicant  was  also  eligible  for  promotion
consideration under the Terminal  Leave  promotion  policy.   It  is  highly
probable the absence of any record of  a  promotion  consideration  in  this
case was the result of an oversight during the period of turmoil  associated
with  repatriation  and  demobilization.   In  view  of  the  above  and  in
recognition of the applicant’s service to the nation, we  believe  that  any
doubt in this matter should be resolved in his favor and  that  his  records
should be corrected to show he was promoted to first lieutenant on  the  day
preceding his release from active duty.

4. Insufficient relevant evidence has  been  presented  to  demonstrate  the
existence of error or injustice with respect  to  the  applicant’s  requests
for  award  of  the  Silver  Star  and  another  (unspecified)  medal.   The
applicant requests he be awarded the Silver Star and  an  appropriate  medal
for actions performed during a POW forced march.  However,  in  the  absence
of evidence other than the  applicant’s  own  submission  that  support  his
rendition of the cited events and lead us to believe  his  actions  met  the
criteria for the requested awards, we agree with the assessment of  the  Air
Force office of primary responsibility concerning the  applicant’s  request.
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 concerning additional recognition beyond  that  afforded  by
the Air Force office of primary  responsibility,  the  applicant’s  requests
are not be favorably considered.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that effective  4 December  1945,  he  was
promoted to the grade of first lieutenant, Army of the  United  States  (Air
Corps), and, on 5 December 1945, he was honorably relieved from active  duty
in the grade of first  lieutenant,  rather  than  in  the  grade  of  second
lieutenant.

________________________________________________________________

The following members of the Board considered document number  BC-2003-03812
in Executive Session on 29 July 2004, under the provisions of AFI 36-2603:

      Mr. Richard A. Peterson, Panel Chair
      Ms. Kathleen F. Graham, Member
      Mr. Vance C. Lineberger, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered:

      Exhibit A.  DD Form 149, dated 22 Aug 03, with attachments.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, HQ AFPC/DPPPO, dated.18 February 04.
      Exhibit D.  Letter, HQ AFPC/DPPPR, dated 28 April 04.
      Exhibit E.  Letter, SAF/MRBR, dated 7 May 04.
      Exhibit F.  Letter, HQ AFPC/DPPPRA, dated 9 March 04 and
                  Applicant’s response, dated 30 March 2004, with
                  attachments.
      Exhibit G.  Applicant’s Rebuttal, dated 2 June 04.




                 RICHARD A. PETERSON
                 Panel Chair



AFBCMR BC-2003-03812


MEMORANDUM FOR THE CHIEF OF STAFF


      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of
Section 1552, Title 10, United States Code (70A Stat 116), it is directed
that:

      The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected to show that effective 4 December
1945, he was promoted to the grade of first lieutenant, Army of the
United States (Air Corps), and, on 5 December 1945, he was honorably
relieved from active duty in the grade of first lieutenant, rather than
in the grade of second lieutenant.



            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency