RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-03278
            INDEX CODE:  107.00
      xxxxxxxxxxxxxxxxxx     COUNSEL:  NOT INDICATED

      xxxxxxxxxxxxxxxxx      HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  29 APR 2007


_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show he  was  promoted  to  the  grade  of
captain.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was promoted to the grade of captain and desires  to  have  his  DD
Form 214, corrected to reflect that rank.

In support of his request, the applicant submits  a  letter  from  the
President of the United States of America, Special Order Number 254, a
letter from the War Department, Army Service  Forces,  Office  of  the
Provost Marshal General, Special Order E970, and a copy of his WG  AGO
Form 53-98, Military Record and Report of  Separation  Certificate  of
Service.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s military personnel records were destroyed by  fire  at
the National Personnel Records Center in 1973.  His available  records
reflect he was commissioned as a second lieutenant on 21 November 1942
in the Army Air Corps and was released from active duty on 18 November
1945 as a first lieutenant.

His record reflects he served in the air offensive in Europe.   He  is
entitled to the Air Medal,  the  Purple  Heart  Medal,  the  European-
African-Middle Eastern Campaign Medal, the, Prisoner of War Medal  and
the World War II Victory Medal.  He was a prisoner of war  (POW)  from
29 May 1943 to 14 May 1945.  He was promoted to first lieutenant on 29
November 1945.

On 2  December  2005,  DPFC  recommended  the  applicant’s  record  be
corrected to reflect he was held as a POW, based on the fact that  the
applicant’s name is included on a listing from the National  Archives.
On 29 January 2006,  AFPC/DPPPR  determined  that  the  applicant  was
entitled to the Air Medal, the Purple Heart Medal,  the  Distinguished
Unit Citation and the European-African-Middle Eastern  Campaign  Medal
with one Bronze Service  Star.   On  9  March  2006,  the  applicant’s
records were administratively corrected to reflect award  of  the  POW
Medal and the World War II Victory Medal.  (See Exhibit B)

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPO recommends denial.  DPPPO states the applicant’s record was
requested from the National Personnel  Records  Center  (NPRC)  in  St
Louis; however, the records are not on file and it has been determined
if they had been there on 12 July 1973, they would have  been  in  the
area that suffered the most damage in the fire on that  date  and  may
have been destroyed.  Therefore, DPPPO is unable to determine  if  the
applicant was eligible for promotion to the grade of captain prior  to
his separation from active duty.

DPPPO states the applicant  provided  documentation  to  show  he  was
promoted to captain on 29 November 1945, but there  is  no  additional
documentation available to verify whether this was a normal  promotion
or if the applicant was promoted under  the  Terminal  Leave  Program.
Based on his date of promotion and his date of separation,  one  could
assume that the promotion was without effect and would not  have  been
in effect unless  he  returned  to  active  status  and  accepted  the
promotion.

DPPPO states the application may  be  dismissed  under  the  equitable
doctrine of laches, which denies relief to one  who  has  unreasonably
and inexcusably delayed in asserting claim.  This  unreasonable  delay
has caused prejudice to the Air Force, as all relevant records are not
available for review.

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
17 March 2006, for review and comment 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.  The applicant states his DD  214
should reflect he was discharged in the grade of captain.   The  Board
notes that upon review of his available records, it was determined  by
competent authority that the applicant was held as  a  prisoner-of-war
from 29 May 1943 to 14 May 1945 and his records were  administratively
corrected on 9 March 2006, to reflect award  of  the  POW  Medal.   In
addition, the evidence of record reveals the applicant was held  as  a
POW for almost two years and based on the Military Personnel  Division
ASF, Department of the Army Message 212259Z September 1945,  recovered
personnel who  were  absent  from  military  control  under  honorable
conditions for eighteen months or longer, had not yet received  a  one
grade promotion since return to military control was  entitled  to  an
immediate one grade promotion upon being  recovered.   Therefore,  the
Board believes the applicant is entitled to a one grade promotion  and
should be promoted to the grade of captain.  Accordingly, we recommend
that his records be corrected to the extent indicated below.

_______________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that he was considered and
selected for promotion to the grade of captain and given  a  promotion
service date and promotion effective date of 1 June 1945.

_________________________________________________________________

The following members of the Board considered Docket  Number  BC-2005-
03278 in Executive Session on 9 May 2006, under the provisions of  AFI
36-2603:

                 Mr. James W. Russell III, Chair
                 Ms. Mary C. Puckett, Member
                 Mr. Steven A.Cantrell, Member

All  members  voted  to  correct  the  record,  as  recommended.   The
following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 26 Sep 05, w/atchs.
      Exhibit B. Applicant's Available Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPPO, dated 18 Jan 06.
      Exhibit D. Letter, SAF/MRBR, dated 17 Mar 06.




      JAMES W. RUSSELL III
      Panel Chair





AFBCMR BC-2005-03278




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 APPLICANT, be corrected to show that he was
considered and selected for promotion to the grade of captain and
given a promotion service date and promotion effective date of 1 June
1945.








  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency