DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
WJH
Docket No. 184-09
21 April 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD ICO.
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) Dir. Casualty Assistance Branch (N135C) ltr of
3 March 2009
(3) Subject’s naval record
1. Pursuant to the provisions of reference (a) Subject
hereinafter referred to as Petitioner, filed enclosure (1) with
- this Board requesting, in effect, that the applicable naval
record be corrected to establish entitlement to World War II
Prisoner of War (POW) Promotion Back Pay.
2. The Board, consisting of Mr. Pfeiffer, Mr. Zsalman, and Mr.
George, reviewed Petitioner’s allegations of error and injustice
on 20 April 2009 and, pursuant to its regulations, determined
that the corrective action indicated below should be taken on
the available evidence of record. Documentary material
considered by the Board consisted of the enclosures, naval
records, and applicable statutes, regulations and policies.
3. The Board, having reviewed all the facts of record
pertaining to Petitioner’s allegations of error and injustice,
finds as follows:
a. Before applying to this Board, Petitioner exhausted all
administrative remedies available under existing law and
regulations within the Department of the Navy.
b. Petitioner, Im eee S WM was interned
as a POW in the Pid Lippines eG 26 hecemben 1941 to 9 April
1945.
Docket No. 184-09
c. In correspondence attached as enclosure (2), the office
having cognizance over the subject matter addressed in
Petitioner's application has commented to the effect that the
request has merit and warrants favorable action.
CONCLUSION
Upon review and consideration of all the evidence of record, and
especially in light of the contents of enclosure (2), the Board
finds the existence of an injustice warranting the following
‘corrective action.
RECOMMENDATION:
That Subject’s naval record be corrected, where appropriate, to
show that:
-a. On 31 December 2006, Petitioner, eee
WN, made a timely claim for payment of back pay by reason
of having served as a POW during World War II and not being
available to accept promotions.
b. The breakdown of Subject’s captivity is as follows:
E-3 26 December 1941 - 9 April 1945
c. This change will entitle Petitioner to World War II
Prisoner of War (POW). Promotion Back Pay.
d. A copy of this Report of Proceedings will be filed in
Petitioner’s naval record.
4. It is certified that quorum was present at the Board's
review and deliberations, and that the foregoing is a true and
complete record of the Board’s proceedings in the above entitled
matter.
ROBERT D. ZSALMAN WILLIAM J. HBSS,
Recorder Acting Recorder
Docket No. 184-09
5. Pursuant to the delegation of authority set out in Section
6(e) of the revised Procedures of the Board for Correction of
Naval Records (32 Code of Federal Regulations, Section 723.6 (e))
and having assured compliance with its provisions, it is hereby
announced that the foregoing corrective action, taken under the
authority of reference (a), has been approved by the Board on
behalf of the Secretary of the Navy.
21 April 2009 Ok aS Cod
-R_W. DEAN PFEIFFER
Executive Director
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