DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
WJIH
Docket No. 1246-09
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
27 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 additional World
War II Prisoner of War (POW) Promotion Back Pay for the period
11 October 1943 to 20 February 1945.
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.
Docket No. 1246-09
ae 8 aaah WE owas
inbexned as a POW in . Japan from 6 May 1942 se 20 February 1945.
c. Petitioner has already received payment from the
Defense Finance and Accounting Service for internment through 10
October 1943.
d. 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 for World War II Prisoner of War (POW) Promotion Back
Pay from 11 October 1943 to 20 February 1945 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,
made a timely claim for payment of back pay
for the period 11 October 1943 to 20 February 1945 by reason of
having served as a POW during World War II and not being
available to accept promotions.
in gE
b. The breakdown of Subject’s captivity during this period
is as follows:
E-~7 11 October 1943 - 20 February 1945
ce. This change will entitle Petitioner to additional World
War II Prisoner of War (POW) Promotion Back Pay.
Docket No. 1246-09
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. HESS, III
Recorder Acting Recorder
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 Ve YN Gf
roR Ly, DEAN PFEIFFER
Executive Director
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