ADDENDUM TO
                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-02452
            INDEX CODE:  131.00, 107.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  19 FEB 08

_________________________________________________________________

APPLICANT REQUESTS THAT:

In the  applicant’s  request  for  reconsideration,  he  requests  his  rank
reflect  staff  sergeant  (SSgt)  rather  than  private.   In  addition,  he
requests that he be awarded  the  Purple  Heart  Medal  with  one  oak  leaf
cluster (PH 1OLC).

Note:  The applicant’s request for award  of  the  enlisted  Aircrew  Member
wings has been  administratively  corrected  in  accordance  with  USAF/A3OT
letter dated 4 October 2006.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was busted to the rank of private but was told he  would  have  his  SSgt
rank reinstated after he flew his next mission.  In reference to the PH,  he
believes he is entitled to award of the PH 1OLC based  on  the  mistreatment
he received while a prisoner of war (POW) from 29 May 1944 to 2 May 1945.

In support of his request, the applicant provided a personal  statement  and
documentation extracted from his military personnel records.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant's military personnel records were destroyed by  fire  in  1973  at
the National Personnel Record Center (NPRC) in  St. Louis,  Missouri;  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.

Applicant was a POW from 29 May 1944 to 2 May 1945.

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
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.

A Department of Veterans Affairs  (DVA)  Rating  Decision,  dated  16 August
2006, indicates items  subject  to  compensation  reflects  coronary  artery
disease (POW/WWII),  100%,  from  7  October  2004;  post  traumatic  stress
disorder with somatic preoccupation (POW/WWII), 50%,  from  19  April  1990;
residuals of cold injury, left foot (POW/WWII),  30%,  from  4  March  2005;
residuals of cold injury, right foot (POW/WWII), 30%,  from  4  March  2005;
duodenal ulcer (WWII), 20%, from  1  April  1946;  cerebrovascular  accident
(POW/WWII), 10%, from 7 October 2004.

On 1 November 2005, the Air Force Board for Correction of  Military  Records
(AFBCMR) considered and denied the applicant’s request to  change  his  rank
to SSgt rather than private.

Applicant’s package was submitted to  the  Purple  Heart  Review  Board  for
consideration.  On 27 September 2006, the board disapproved the request  for
the PH 1OLC.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial.  DPPPR states applicant states he  was  beaten
and mistreated by German prison guards  while  held  as  a  POW.   Applicant
submitted a witness statement  from  a  witness  who  did  not  witness  the
beating of the applicant, the witness  only  has  knowledge  of  the  guards
beating everybody in the camp.   Applicant  states  he  was  mistreated  and
beaten; however, he does not give a detailed  account  of  wounds  received.
Applicant was awarded the basic PH after being shot down  and  wounded  over
Weiner Neustact, Austria.

The DPPPR complete evaluation is at Exhibit E.

AFPC/DPPPWB recommends denial.  DPPPWB states the application has  not  been
filed within the three-year time limitation  imposed  by  AFI  36-2603,  Air
Force board for Correction of Military Records (AFBCMR), paragraph  3.5.,  1
March  1996.   In  addition  to  being  untimely  under   the   statute   of
limitations, the  applicant’s  request  may  also  be  dismissed  under  the
equitable  doctrine  of  laches,  which  denies  relief  to  one   who   has
unreasonably and inexcusably  delayed  asserting  a  claim.   The  applicant
waited  more  than  60  years  after  discharge  to  petition  the   AFBCMR.
Applicant’s unreasonable delay has also caused prejudice to  the  Air  Force
as relevant  records  have  been  destroyed  or  are  no  longer  available,
memories have failed and witnesses are unavailable.

A review of  the  applicant’s  extremely  limited  records  reveals  Special
Orders 170, dated 27 June 1945, reflecting applicant’s grade  as  SSgt  when
he was liberated as a POW.  There are no documents to indicate when  or  why
he was demoted to private between that time and his separation  in  October.
Based on the limited records and passage of time, it is not possible for  us
to determine whether applicant’s rank at time of  discharge  was  in  error.
In absence of any documentation to the contrary, DPPPWB must assume  he  was
discharged in the correct grade – private.  The applicant’s delay  regarding
a matter now dating back over 60 years has greatly complicated  the  ability
to determine the merits of his position.

The DPPPWB complete evaluation is at Exhibit F.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 9 November 2006, the evaluations were  forwarded  to  the  applicant  for
review and comment within 30 days  (Exhibit  G).   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 an error or injustice.  The applicant’s  contentions  are  duly
noted; however, after thoroughly reviewing the  applicant’s  submission,  we
are not persuaded he should  be  awarded  the  PH  1OLC.   Neither  evidence
provided by the applicant nor the service-member’s records  substantiate  he
was injured as a direct result of enemy action as required for award of  the
PH.  The personal sacrifice the former member endured  for  his  country  is
noted and our decision in no way diminishes the high regard we have for  his
service; however, insufficient documentary evidence has  been  presented  to
warrant awarding him the PH.  Should he provide  official  documentation  or
eyewitness statements that would substantiate he was  injured  as  a  direct
result of enemy action, we would be willing to reconsider  his  appeal.   In
regard to the applicant’s request to have his rank  reflect  staff  sergeant
rather than private,  based  upon  the  presumption  of  regularity  in  the
conduct of governmental affairs and without evidence  to  the  contrary,  we
must assume that the applicant's rank as indicated on his WD  AGO  Form  53-
55, Enlisted Record  and  Report  of  Separation  Honorable  Discharge,  was
proper and in compliance with appropriate  directives.   Therefore,  in  the
absence of evidence  to  the  contrary,  we  find  no  compelling  basis  to
recommend granting the relief sought.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented  did  not  demonstrate  the
existence of an error or injustice; the application  was  denied  without  a
personal appearance; and 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 AFBCMR Docket Number  BC-2006-
02452 in Executive Session on 28 February 2007, under the provisions of  AFI
36-2603:

                 Mr. Jay H. Jordan, Panel Chair
                 Mr. James A. Wolffe, Member
                 Ms. Barbara R. Murray, Member

The following documentary evidence was considered:

   Exhibit C.  Record of Proceedings, dated 17 Nov 05, w/atchs.
   Exhibit D.  DD Form 149, dated 10 Aug 06, w/atch.
   Exhibit E.  Applicant’s Available Master Personnel Records.
   Exhibit F.  Letter, AFPC/DPPPR, dated 28 Sep 06
   Exhibit G.  Letter, AFPC/DPPPWB, dated 31 Oct 06.
   Exhibit H.  Letter, SAF/MRBR, dated 9 Nov 06.




                 JAY H. JORDAN
                 Panel Chair