RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-02383
INDEX CODE: 131.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 1 February 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
His rank be changed to staff sergeant.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He had completed 28 combat missions up until this point. The orderly
was responsible for waking crew members to prepare for missions. In
May 1944, the orderly did not attempt to wake him therefore, he missed
that mission. The commanding officer did not listen to his reasoning;
however, he stated if he continued to fly he would reinstate his rank.
On his next mission, 29 May 1944, while flying over Austria his
aircraft, a B-24 was shot down and he was taken prisoner of war (POW).
He spent from 29 May 1944 until 2 May 1945 as a POW. He believes
that this request should be honored without hesitation or delay.
Applicant did not submit any documents in support of the appeal.
Applicant's submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant’s master personnel record (MPR) appears to have been lost or
destroyed. Based on the available documentation the following facts
are provided.
Applicant enlisted in the Regular Army for service in the Air Corps on
6 January 1942 and entered active duty on the same day. He performed
duties as an Aerial Photographer Gunner. His highest grade held was
staff sergeant.
DD Form 2510, Section 1 - Prisoner of War Identification Data,
indicates applicant was confined as a POW on 29 May 1944 and released
as a POW on 2 May 1945, a period of approximately 11 months and 3
days.
On 5 October 1945, while serving in the grade of private, he was
honorably discharged, for the convenience of the government. He was
credited with 9 months and 21 days of continental service and 2 years,
11 months and 7 days of foreign service. His separation document
shows the following: He was entitled to the AAF Air Crew Member Badge
(Wings). He participated in the Egypt-Libya, Tunisian, Sicilian,
Naples-Foggia, Rome-Arno, Rhineland, Central Europe, Air Offensive
Europe, and the Air Combat Balkans battles and campaigns. His
separation document also shows he was entitled to the European-African-
Middle Eastern Theater Service Medal with nine Bronze Stars, Good
Conduct Medal, Purple Heart, Air Medal with two oak leaf clusters, and
Distinguished Unit Badge. He was wounded when missing in action (MIA)
over Weiner Neustact Austria. Lapel Button was issued for the time
spent as a POW. Verification of the POW Medal was approved on 21 July
1988.
_________________________________________________________________
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. From the limited available
evidence, it appears the applicant was reduced in grade from staff
sergeant to private for unknown reason(s). In cases of this nature,
regularity is presumed in the actions of commanding officers absent a
showing of error or injustice. Other than his own assertions, the
applicant has provided no evidence that would lead us to believe the
reduction in grade was in any way erroneous or unjust. Therefore,
while we appreciate and honor the applicant’s service to his country,
we find no basis on which to favorably consider 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 this application in
Executive Session on 1 November 2005, under the provisions of AFI 36-
2603:
Ms. Marilyn M. Thomas, Vice Chair
Mr. James W. Russell III, Member
Ms. Olga M. Crerar, Member
The following documentary evidence pertaining to AFBCMR Docket Number
BC-2005-02383 was considered:
Exhibit A. DD Form 149, dated 25 Jul 05.
Exhibit B. Applicant's Master Personnel Records.
MARILYN M. THOMAS
Vice Chair
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