RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-03597
INDEX CODE: 131.00
XXXXXXXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be promoted to the rank of master sergeant.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was a Prisoner of War (POW) in Germany from 13 Oct 44 to 7 May 45. POWs
were automatically promoted one-grade; however, he was overlooked.
In support of his request, applicant provides a copy of his separation
documents and excerpts of his military personnel record. The applicant’s
complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Records reflect that during the period in question he performed duties as a
radio mechanic. He was assigned to duties in the Mediterranean Theater of
Operations (MTO) on 22 Aug 44. The applicant was a POW from 13 Oct 44 to 7
May 45, a period of nearly 7 months. He returned to the continental United
States on 20 Jun 45. On 9 Sep 45, he was released from active duty by
reason of demobilization. He was credited with 2 years, 9 months, and 18
days of active duty service. At the time of his separation, he was serving
in the grade of technical sergeant. His separation document reflects he
was awarded the Air Medal, European-African Middle Eastern Service Medal
and the Good Conduct Medal.
By letter dated 13 Nov 00, the Air Force office of primary responsibility
advised the applicant he was entitled to the Purple Heart and Prisoner of
War Medal.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOE recommends denial. DPSOE states that the Department of the Army
Message 212259Z, Sep 45, states that 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, in order to be eligible for a POW promotion. Since the
applicant was a POW for approximately 7 months, he does not meet the
prerequisites for a promotion. The AFPC/DPSOE 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 14 Dec
07 for review and response 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 Air Force office of primary responsibility that in accordance with
Army Message 212259Z, Sep 45, the applicant does not meet the prerequisites
for a POW promotion. While we are not unmindful or unappreciative of the
applicant’s service to his Nation, in the absence of evidence to the
contrary, we find no compelling 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 Docket Number BC-2007-03597
in Executive Session on 30 Jan 08, under the provisions of AFI 36-2603:
Mr. Thomas S. Markiewicz, Chair
Ms. Lea Gallogly, Member
Mr. Kurt R. LaFrance, Member
The following documentary evidence for AFBCMR Docket Number BC-2007-03597
was considered:
Exhibit A. DD Form 149, dated 9 Feb 07, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOE, dated 4 Dec 07, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 14 Dec 07.
THOMAS S. MARKIEWICZ
Chair
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