DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
WJH
Docket No. 11292-09
20 Oct 2010
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj]: REVIEW OF NAVAL sen
Ref: (a) Pitle: 10 U.S.C. L552
Encl: (1) DD Form 149 w/attachments
(2) Dep. Dir. Casualty Assistance Branch (N135C) ltr of
19 May 2010
(3) Subject’s naval record
1. Pursuant to the provisions of reference (a) Subject’s widow,
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. Exnicios and Mr.
George, reviewed Petitioner’s allegations of error and injustice
on 18 Oct 2010 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. Subject, was
interned as a POW in Japan from 22 April 1943 to 3 September
1945. He was selected for promotion to pay grade E-7 effective
Docket No. 11292-0939
1 May 1943, but was not available to accept the promotion due to
his internship.
oe. Subject,
on 12 January 2000. eath, he was married to
Petitioner,
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 has merit and warrants favorable action.
At the time o
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,
ay made a timely claim for payment_of back pay by reason of
being the surviving spouse of Subject,
who served as a POW during World War II and
was not available to accept promotions.
b. The breakdown of Subject’s captivity is as follows:
E-6 22 Apr 1943 - 30 April 1943
E-7 1 May 1943 - 3 September 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.
Docket No. 11292-09
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.
20 Oct 2010 ne .
DEAN PFE
Executive Dikec
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