RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2004-00199
                                       INDEX CODE:  131.00
      XXXXXXXXXXXXXX                    COUNSEL: NONE

      XXXXXXXXXXX                            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show he was  promoted  to  the  grade  of  first
lieutenant prior to the time he was a Prisoner of War (POW) and that he  was
promoted to the grade of captain based on his  status  as  a  POW  upon  his
repatriation.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was told he was being transferred to Advanced Bombardier  School  with  a
raise in rank; however, prior to the transfer his plane was  shot  down  and
he was held as a prisoner of war (POW) for 19 months.  Upon  his  return  to
the United States, he was transferred to the active Reserve and was told  he
was promoted to first lieutenant.  If this promotion were true, he would  be
a first lieutenant applying for the grade of captain.

In support of his application, he provides copies  of  his  application  for
appointment in the  United  States  Army  Reserve  and  his  Certificate  of
Service in the United States Army.   The  applicant’s  complete  submission,
with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The majority of  the  applicant’s  records  were  lost  or  destroyed.   The
following  information  was  extracted  from  the  available  records.   The
applicant entered active duty as a commissioned  officer  in  the  grade  of
second lieutenant, Air  Corps  Reserve,  on  28 January  1943.   During  his
period of active  duty,  he  performed  duties  as  a  bombardier.   He  was
assigned to duties  in  the  European  Theater  of  Operations  (ETO)  on  5
September 1943.  From correspondence in the file, it appears that, in  1987,
the National Personnel Records Center verified the applicant was a POW  from
14 October 1943 to 1 May 1945, a period of nearly 19  months.   He  returned
to the continental United States on  17  July  1945.   On  6 December  1945,
following a period of terminal leave, he was released from  active  duty  by
reason of demobilization.  He was credited with 2 years, 10  months,  and  8
days of active duty commissioned service.  He was serving in  the  grade  of
second lieutenant at the time of his separation.   His  separation  document
indicates he participated in the Air Offensive Europe and  he  was  entitled
to the European-African-Middle Eastern  (EAME)  Service  Medal.   By  letter
dated 7 June 1997, the Air Force office of  primary  responsibility  advised
the applicant he was entitled to the EAME with 1 Bronze Star,  the  American
Campaign Medal, World War II Victory Medal, and the POW Medal.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPO recommends the applicant  be  promoted  to  the  grade  of  first
lieutenant.  It is DPPPO’s  opinion  that  the  applicant  would  have  been
promoted to the grade  of  first  lieutenant  either  as  a  result  of  his
interment or under the provisions of the terminal leave  promotion  program.
DPPPO states there is no documentation available to  support  his  promotion
to captain.  The DPPPO evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 4  June
2004 for review and response within 30 days.  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.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of error or injustice with respect to the applicant’s request  for
promotion to the grade of first lieutenant.  We note the  opinion  from  the
Air Force office of primary responsibility that  the  applicant  would  have
been promoted to the grade of first lieutenant either as  a  result  of  his
interment or under the provisions of the terminal leave program.   Based  on
this information, we believe that the applicant should  have  been  promoted
based on the length of time he was a POW.  In  this  regard,  we  note  that
regulations then in effect provided that former POWs, who  would  presumably
have been promoted but  for  their  status  as  a  POW,  were  eligible  for
immediate  consideration  for  a  one-grade  promotion  upon   repatriation,
provided they were absent from military control for  18  months  or  longer.
Since it appears the applicant met  this  criteria,  we  believe  it  highly
likely the absence of any promotion  consideration  in  this  case  was  the
result of an oversight during a period of turmoil accompanying  repatriation
and demobilization.  Therefore, to resolve any possible promotion  injustice
in this case, it is our opinion  that  the  applicant’s  records  should  be
corrected to show he was promoted on the day after his  return  to  military
control.

4.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of probable error or injustice with  respect  to  the  applicant’s
request to be promoted to the grade of captain.  Even though we believe  the
applicant should have been promoted to the  grade  of  first  lieutenant  we
have seen no evidence by the applicant, other than his own assertions,  that
would lead us to believe he met the eligibility criteria then in effect  for
a follow-on promotion to the grade of  captain.   Accordingly,  we  find  no
basis on which to favorably consider this portion of the application.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to the APPLICANT be corrected to show that  effective  2 May  1945,  he  was
promoted to the grade of first lieutenant, Army of the  United  States  (Air
Corps); and, on 6 December 1945, he was honorably released from active  duty
in the grade of first lieutenant, rather than second lieutenant.

________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 11 August 2004, under the provisions of AFI 36-2603:

            Mr. Thomas S. Markiewicz, Chair
            Ms. Martha J. Evans, Member
            Ms. Martha A. Maust, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence for AFBCMR Docket Number BC-2004-00199 was considered:

    Exhibit A.  DD Form 149, dated 19 Jan 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPQ, dated 26 May 04.
    Exhibit D.  Letter, SAF/MRBR, dated 4 Jun 04.




                                   THOMAS S. MARKIEWICZ
                                   Chair


AFBCMR BC-2004-00199




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 XXXXXXXXXXXXXXXXXXXXXX, be corrected to show that
effective 2 May 1945, he was promoted to the grade of first lieutenant,
Army of the United States (Air Corps); and, on 6 December 1945, he was
honorably released from active duty in the grade of first lieutenant,
rather than second lieutenant.





JOE G. LINEBERGER

Director

Air Force Review Boards Agency