RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-02101
INDEX CODE: 131.09
COUNSEL: DAV
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be granted a promotion from staff sergeant to technical sergeant
retroactive to the day of his capture.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The 2001 Defense Authorization Act and Prisoner of War Benefits Act of
2003 endorse his request. Upon returning to United State’s control,
only three surviving officers of his crew were promoted. None of the
surviving five enlisted crewmen were promoted. He believes this is an
injustice and it needs to be corrected.
In support of his appeal, the applicant has provided copies of his
honorable discharge paperwork, a telegram announcing his return to
United States control, an order allowing released prisoners-of-war 21
days of leave enroute to their permanent duty station, award of the
Soldier’s Medal, and a letter of appreciation.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant entered active military service in the Army of the United
States (US Army Air Corps) on 6 December 1942. He served during World
War II (WWII) as a Gunnery Instructor. He was captured in Romania and
remained a prisoner-of-war (POW) from 15 August 1944 to 31 August
1944. He was honorably discharged at the Convenience of the
Government on 13 August 1945. He had served for two years, ten
months, and nine days and was discharged in the grade of staff
sergeant.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPWB recommends denial. The 2001 Defense Authorization Act
implemented instructions for payment of back pay to any person who, by
reason of being interned as a POW while serving as a member of the
Navy or Marine Corps during WWII, was not available to accept a
promotion for which the person had been selected. However, provisions
were in place for members serving in the Army/Air Corps who were POWs.
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. The applicant was a POW for
a total of 17 days. Since he does not meet the prerequisite for
promotion as stated DPPPWB recommends denial.
DPPPWB’s complete 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
27 August 2004 for review and comment 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 error or injustice. We took notice of the
applicant's complete submission in judging the merits of the case and
deeply appreciate his past service; however, we agree with the opinion
and recommendation of the Air Force office of primary responsibility
and adopt their rationale as the basis for our conclusion that the
applicant has not been the victim of an error or injustice. He did
not meet the established requirements to benefit from the one grade
promotion, as he was not in POW status for the requisite 18 months.
Therefore, in the absence of evidence to the contrary, we find no
compelling basis to recommend granting the relief sought in this
application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of 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 AFBCMR Docket Number BC-
2004-02101 in Executive Session on 13 October 2004, under the
provisions of AFI 36-2603:
Ms. Martha J. Evans, Panel Chair
Mr. Jay H. Jordan, Member
Ms. Carolyn B. Willis, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 1 Jul 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPWB, dated 5 Aug 04.
Exhibit D. Letter, SAF/MRBR, dated 27 Aug 04.
MARTHA J. EVANS
Panel Chair
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