RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-02209
INDEX CODE: 131.00
COUNSEL: HERIBERTO A. HARTNACK
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 24 January 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be promoted to the grade of staff sergeant, based on the fact that
he was a Prisoner of War (POW) during World War II.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was shot down on his eighth flying mission and according to the
rules, upon completing this mission, he became eligible to be
promoted. However, it did not happen because his records were not
available.
In support of the appeal, applicant submits a copy of his Record of
Missions flown.
Applicant's complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant was inducted into the Army Air Corps on 15 Nov 43. He
performed duties as an Aerial Gunner. His highest grade held was
sergeant. He participated in Rome-Arno, North Appennines, Rhineland,
and Air Combat Balkans battles and campaigns. He is credited with 1
year, 5 months and 26 days of continental service and six months and
three days of foreign service.
On 4 Dec 45, while serving in the grade of sergeant, he was honorably
discharged, for the convenience of the government (demobilization).
On 25 Jul 06, AFPC/DPFC informed the applicant that they had requested
the Directorate of Personnel Program Management to correct his record
to reflect that he was a POW.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPWB recommends denial. Applicant’s record indicates he was a
POW from 23 Feb 45 to 30 Mar 45, approximately 36 days. In a Military
Personnel Division, ASF, Department of the Army Message 212259Z it
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. Therefore,
since the applicant was a POW for less than two months, he does not
meet the prerequisites for a promotion.
A complete copy of the 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
25 Aug 06 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. Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice. We took notice of the
applicant's complete submission in judging the merits of the case;
however, we agree with the opinion and recommendation of the Air Force
and adopt their rationale as the basis for the conclusion that the
applicant has not been the victim of an error or injustice. As stated
in the Army message dated 212259Z, 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. However, since the applicant was a
POW for less than two months, he does not meet the prerequisites for a
promotion. Therefore, in the absence of evidence to the
contrary, we find no 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 Air Force Docket Number
BC-2006-02209 in Executive Session on 12 October 2006, under the
provisions of AFI 36-2603:
Mr. Michael J. Maglio, Panel Chair
Ms. Janet I. Hassan, Member
Ms. Rita S. Looney, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 16 Nov 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPWB, dated 27 Jul 06.
Exhibit D. Letter, SAF/MRBR, dated 25 Aug 06.
MICHAEL J. MAGLIO
Panel Chair
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