RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-00396
            INDEX CODE:  131.09

      XXXXXXX    COUNSEL:  NONE

            HEARING DESIRED: NO


MANDATORY CASE COMPLETION DATE:  12 AUG 2007


___________________________________________________________________

APPLICANT REQUESTS THAT:

He be promoted to the rank of Captain.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He was a Prisoner of War (POW)  and  upon  his  liberation  from  a
German prison, he should have been promoted one grade  higher.   He
was promoted to the rank of  first  lieutenant  while  a  POW,  and
should have been promoted to captain upon his release.

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

___________________________________________________________________

STATEMENT OF FACTS:

Based on available records, the applicant was commissioned a second
lieutenant and entered active duty, Air Corps, United  States  Army
on 8 Apr 44.  He was a POW from 2 Nov 44  to  8  May  45.   He  was
honorably released from  active  duty  as  a  first  lieutenant  on
5 Nov 45.

Applicant’s DD Form 214, Certificate of Release or  Discharge  from
Active Duty, was administratively corrected to reflect award of the
Prisoner of War Medal for the period of 2 Nov 44 – 8 May 45.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPO reviewed this  application  and  recommended  denial.
Requirements for promotion were governed by Army Regulation 605-12,
Temporary Promotions in the Army of the United States, 17  Aug  44.
Normally, officers were not recommended  for  promotion,  nor  were
recommendations forwarded, or promotions approved  by  a  commander
exercising promotion authority unless a  position  vacancy  existed
under the jurisdiction of the commander concerned in the  grade  to
which promotion was recommended.  In addition,  officers  were  not
recommended for promotion until they served  the  minimum  time-in-
grade requirement.

AR 605-12, para 5(d)  states  all  commissioned  officer  personnel
below the grade of colonel who are  returned  to  military  control
from a POW status and who presumably would have been  promoted  but
for their internment, evasion, or capture, will be  considered  for
an  immediate  one  grade  promotion  provided  the   circumstances
surrounding the individual’s loss to the Army of the United  States
(AUS) and subsequent conduct was  honorable.   Recommendations  for
promotion under provisions  of  this  paragraph  may  be  submitted
without regard  to  time-in-grade,  time-in-position,  or  position
vacancies.  Applicant has not provided any  evidence  that  he  was
recommended for promotion to captain.

Applicant was separated as  a  first  lieutenant  but  without  his
record, they are unable to determine when he was promoted or if his
promotion to first lieutenant was based on his return  to  military
control which would nullify any entitlement  to  further  promotion
under  this  provision.   Additionally,  without  the   applicant’s
record, they cannot determine whether he should have been  promoted
under any other provisions in policy or law

HQ AFPC/DPPPO’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 8 Sep 06 for review and comment within  30  days.   As  of  this
date, no response has been received by this office (Exhibit D).

___________________________________________________________________


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 warranting a correction to  the
record.  In this respect, we note, during the period of service  in
question, Army Regulation 605-12, Temporary Promotions in the  Army
of  the  United  States,   reflects   the   minimum   time-in-grade
requirement for position vacancy promotion to first lieutenant  was
6 months; for promotion to captain, 9 months with a  recommendation
from the commander and  an  existing  vacancy.   Additionally,  the
applicant would receive a one-grade promotion once he was  returned
to military control from POW status.   While  we  cannot  determine
with  any  certainty  if  the  applicant  was  promoted  to   first
lieutenant prior to becoming or during his capture  as  a  POW,  we
believe to remove the possibility of an injustice to the  applicant
that any doubt should be resolved in his favor.   Therefore,  based
on the available evidence and the personal sacrifice the  applicant
contributed to his country, having no reason to  doubt  applicant’s
service  was  anything  other  than  honorable,  we  recommend  the
applicant’s record be corrected to reflect his grade at the time of
separation, as captain.

___________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the  Air  Force
relating to APPLICANT, be corrected to show that:

     a. On 4 November 1945, he was recommended by his commander and
        promoted to the grade of captain.


     b. On 5 November 1945, he was discharged from all appointments
        in the grade of captain, rather than first lieutenant.

___________________________________________________________________

The following members of the Board considered AFBCMR Docket  Number
BC-2006-00396 in Executive Session on 17 October  2006,  under  the
provisions of AFI 36-2603:

      Ms. Charlene M. Bradley, Panel Chair
      Ms. LeLoy W. Cottrell, Member
      Ms. Patricia R. Collins, Member

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

     Exhibit A.  DD Form 149, dated 31 Jan 06, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ AFPC/DPPPO, dated 7 Aug 06.
     Exhibit D.  Letter, SAF/MRBR, dated 8 Sep 06.




                                   CHARLENE M. BRADLEY
                                   Panel Chair



AFBCMR BC-2006-00396




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 XXXXXXX, XXXXXXX, be corrected to show that:

    a. On 4 November 1945, he was recommended by his commander  and
       promoted to the grade of captain.


    b. On 5 November 1945, he was discharged from all  appointments
       in the grade of captain, rather than first lieutenant.







            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency