RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-02397
INDEX CODE: 107.00
COUNSEL: None
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect he received a promotion to
technical sergeant (TSgt) while he was a Prisoner of War (POW).
EXAMINER’S NOTE: On 7 September 2004, AFPC/DPPPRA informed the
applicant upon review of his records his eligibility had been verified
for award of the Prisoner of War (POW) Medal, the American Campaign
Medal and the World War II Victory Medal. On 10 September 2004, a DD
Form 215 was issued adding the POW Medal, the American Campaign Medal
and the World War II Victory Medal to his DD Form 214. Therefore, the
only remaining issue for the Board to consider is the applicant’s
request regarding when he was promoted to TSgt.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was overlooked.
Applicant's complete submission, with an attachment, is attached at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The available records reflect the applicant served on active duty from
3 November 1942 to 29 September 1945.
The Army Repatriation and Family Affair Division verified the
applicant was a POW from 22 March 1944 to 1 May 1945.
The applicant was honorably discharged in the grade of TSgt on
29 September 1945.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPPWB states in accordance with the Military Personnel
Division, ASF, Department of the Army Message 212259Z Sep 45,
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
13 months and does not meet the prerequisites for a promotion.
The applicant’s records reflect the highest grade held and the grade
at the time of discharge was TSgt.
Furthermore, the applicant has not filed his claim within the three-
year time limit. The applicant's request can also be dismissed under
the equitable doctrine of laches, which denies relief to one who has
unreasonably and inexcusably delayed asserting a claim. Laches
consists of two elements: Inexcusable delay and prejudice to the Air
Force resulting therefrom. In the applicant's case, he waited over 59
years before he petitioned the Board. The applicant's delay in filing
a claim has caused prejudice to the Air Force as relevant records have
been destroyed or are no longer available, memories have failed and
witnesses are unavailable.
DPPPWB further states in the absence of any documentation to the
contrary, they must assume the applicant was discharged in the correct
grade.
A complete copy of the Air Force evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant on
17 September 2004, for review and response. 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. The applicant’s contentions are
duly noted, however, he has submitted no evidence to support these
contentions. Therefore, we agree with the opinions and
recommendations of the Air Force offices of primary responsibility and
adopt their rationale as the basis for our conclusion that the
applicant has not been the victim of either an error or an injustice.
It has been verified the applicant was a Prisoner of War for 13
months; as a result, he did not meet the prerequisites for promotion
as a Prisoner of War. The applicant’s Enlisted Record and Report of
Separation reflects he was discharged in the grade of technical
sergeant. Unfortunately, there was no documentation in his records to
indicate when he was promoted to technical sergeant. Therefore, based
upon the presumption of regularity in the conduct of governmental
affairs and without evidence to the contrary, we must assume that the
applicant’s promotion to technical sergeant was proper and in
compliance with appropriate directives. While we are not unmindful or
unappreciative of the applicant’s service to his Nation, in the
absence of the 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-
2004-02397 in Executive Session on 4 November 2004, under the
provisions of AFI 36-2603:
Mr. Robert S. Boyd, Panel Chair
Mr. Garry G. Sauner, Member
Ms. Carolyn B. Willis, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 25 July 04, w/atchs.
Exhibit B. Available Military Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPPWB, dated 25 Aug 04.
Exhibit D. SAF/MRBR, dated 17 Sep 04.
ROBERT S. BOYD
Panel Chair
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