RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02259
            INDEX CODE:  131.03
      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: 22 FEBRUARY 2007

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APPLICANT REQUESTS THAT:

He be advanced from the grade of staff sergeant to technical sergeant.

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APPLICANT CONTENDS THAT:

Paperwork for advancement in rank was either lost or burned  up  in  the  St
Louis fire.

In support of his application,  applicant  provides  a  personal  letter,  a
letter from his commander, VA Form  10-0048,  Former  POW  Medical  History,
letters from VA Medical Center, AFPC/DPP, and AFPC/DPFC.

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

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STATEMENT OF FACTS:

The  available  records  indicate  the  applicant  entered  active  military
service in the Army of the United States (Air Corp) on  1 October  1942  and
was honorably discharged in the grade of staff sergeant on 4  October  1945.
He served 3 years and 18 days of total active duty.

Applicant’s remaining military personnel records were destroyed by the  fire
at the National Personnel Records Center (NPRC) in St.  Louis,  Missouri  in
1973. Therefore, the facts surrounding his service in the Air Force and  his
discharge cannot be verified.

He participated in the Naples Foggia, the Air Offensive Europe, and the  Air
Combat Balkans battles and campaigns.   He  was  awarded  the  Good  Conduct
Medal, the Purple Heart Medal,  the  Air  Medal  and  the  European-African-
Middle Eastern Theater Ribbon.  In addition,

his record was corrected to reflect the Prisoner of War Medal and the  World
War II Victory Medal.

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AIR FORCE EVALUATION:

AFPC/DPPPWB recommends denial and  states  the  applicant  contends  he  was
recommended for promotion to TSgt by his pilot and  submits  a  letter  from
him stating the same. However, they were unable to see if the paperwork  was
processed as they were taken prisoners  of  war.   AFPC/DPFCC  has  verified
that the applicant  was  a  POW  from  28  December  1943  to  3  May  1945,
approximately 16 months. Military Personnel  Division,  ASF,  Department  of
the Army Message 212259Z Sep 45, 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  16  months,  he  does  not  meet  the
prerequisite for a promotion.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the  Air  Force  evaluation  and  he  stated  he  is  not
applying for a POW promotion. As  he  endeavored  to  explain  in  both  his
letter and the letter from his pilot, he was recommended for  promotion  for
an act of bravery that saved his pilot and fellow crew that happened  before
they were shot down and captured. He was awarded  the  Distinguished  Flying
Cross (DFC) for his actions. He notes that in the  facts  paragraph  of  the
advisory, it is mentioned that there is no documentation  of  promotion.  He
does not dispute that. The paperwork for  promotion  was  left  unsigned  as
they left for Mission 13, and the pilot never returned that day to  complete
the papers and submit them. The only reason he mentioned his POW status  was
to explain why the paper trail is not  there  and  the  long  delay  in  our
application for correction of this matter.

Applicant’s complete response is at Exhibit E.

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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. After a thorough review of the  evidence
of record and applicant’s submission, the Board is not  persuaded  that  the
applicant  should  be  promoted  to  the  grade   of   technical   sergeant.
Applicant’s contentions are noted; however, we agree with  the  opinion  and
recommendation of the Air Force office of primary responsibility  and  adopt
its rationale as the basis for our conclusion that  the  applicant  has  not
been the victim of an  error  or  injustice.  It  is  regrettable  that  the
passage of time has apparently resulted  in  the  loss  of  the  applicant’s
records.  Nonetheless,  the  only  historical  documents  available  do  not
indicate that he was recommended for promotion to  the  grade  of  technical
sergeant. In this regard, the Board took note of the letter  from  a  former
pilot stating  that  he  believes  the  applicant’s  promotion  papers  were
submitted but he could  not  swear  to  it.  Should  the  applicant  provide
documentation that he was submitted for  promotion  to  technical  sergeant,
the Board would be willing to reconsider the case.  We  have  no  doubt  the
applicant served honorably and well, and his contributions  during  the  war
are acknowledged by this Board and appreciated by his country.  In  view  of
the above and absent  persuasive  evidence  to  the  contrary,  we  find  no
compelling basis to recommend granting the relief sought.
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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of probable 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  Docket  Number  BC-2005-02259
in Executive Session on 16 November 2005, under the provisions  of  AFI  36-
2603:

                 Mr. Laurence M. Groner, Panel Chair
                 Mr. Wallace F. Beard, Jr., Member
                 Mr. Terry L. Scott, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 15 Jul 05, w/atchs.
      Exhibit B. Available Personnel Records.
      Exhibit C. Letter, AFPC/DPPPWB, dated 16 Sep 05.
      Exhibit D. Letter, SAF/MRBR, dated 1 Apr 05.
      Exhibit E. Application’s Response, dated 20 Sep 05.




      LAURENCE M. GRONER
      Panel Chair