RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  01-00304
							INDEX CODE: 107.00 130.00 										  131.09
	 						COUNSEL: No 

							HEARING DESIRED: Not Indicated

_________________________________________________________________

APPLICANT REQUESTS THAT:

His WD AGO Form 53-55 reflect that he was a prisoner of war (POW), promoted to the rank of master sergeant (MSgt), and awarded the Purple Heart (PH) First Oak Leaf Cluster (1OLC). 

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was shot down over Germany and was a POW for approximately 23 months until his release around May 45.  He should have been promoted to MSgt on his return to duty, but he was not aware of this until two years ago.  He was awarded the PH due to injuries he sustained in action on 13 Jun 43 when his plane crashed over Germany. However, he was never awarded the PH for injuries he sustained when his plane crashed over England.  

His Congressional Representative provides a letter of inquiry.

The applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant had 1 year and 2 days of prior enlisted service as an Army private. Upon completion of his term of service, he was honorably discharged on 17 Sep 41.

He enlisted in the Army Air Corps on 23 Jan 42. He departed for the European Theater on 23 Apr 43.  He was a POW from 13 Jun 43 to 5 May 45. He departed the European Theater on 3 Jun 45 and arrived in the US on 11 Jun 45.  He was demobilized and honorably discharged on 25 Sep 45 in the grade of technical sergeant (TSgt) with 3 years, 8 months and 2 days of active service.  His WD AGO 
Form 53-55 reflects a rank of TSgt and that he participated in the Air Offensive of Europe and in the Normandy, Northern France, Central Europe and Rhineland campaigns. The document also indicates he received the Good conduct Medal, the Air Medal, and the European African Middle Eastern Campaign Medal and received no wounds in action.

The applicant provided a 9 Oct 45 War Department document indicating that he was awarded the PH for wounds received in action on 13 Jun 43 in the European Theater.

On 20 Oct 00, his WD AGO Form 53-55 was administratively corrected to reflect receipt of the PH, the POW medal, the American Campaign Medal, the World War II victory Medal, and that he was wounded in the European Area on 13 Jun 43.
_________________________________________________________________

AIR FORCE EVALUATION:

The Director, Personnel Accountability, HQ AFPC/DPW, reviewed the appeal and recommended that the applicant’s records be corrected to reflect POW status from 13 Jun 43 to 5 May 45.

A complete copy of the evaluation, with attachment, is at Exhibit C.

The Chief, Inquiries/AFBCMR Section, HQ AFPC/DPPPWB, advised that, since the applicant was a POW for approximately 23 months, he meets the prerequisites for a POW promotion and recommends he be promoted to MSgt effective 24 Sep 45, one day prior to his discharge date.

A complete copy of the evaluation, with attachments, is at Exhibit D.

The Chief, Recognition Programs Branch, HQ AFPC/DPPPR, advised that their office notified the applicant of the criteria for award of the PH on 13 Jun 01.  Additional information regarding the injuries he believes warrant a second PH was requested; however, he has not responded.  Denial is recommended.

A complete copy of the evaluation, with attachment, is at Exhibit E.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Complete copies of the Air Force evaluations were forwarded to the applicant on 24 Aug 01 for review and comment 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.	Sufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice to warrant partial relief.  We agree with the Air Force’s rationale and recommendation regarding the applicant’s request for POW status credit and promotion to MSgt and conclude his records should be corrected accordingly.  However, despite invitations for additional information substantiating his claim for the PH 10LC, the applicant has not responded.  Therefore, we have no recourse at this time but to concur with the Air Force that this portion of his request should be denied.  If the applicant should submit additional evidence supporting his request for the PH 1OLC, we would be willing to reconsider this aspect of his appeal. Unless and until he does so, we are constrained to recommend that his records be corrected only to the extent indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that he was promoted to the grade of master sergeant, effective and with a date of rank of 24 Sep 45, and that his WD AGO Form 53-55 reflect he was a prisoner of war from 13 Jun 43 to 5 May 45 and was honorably discharged in the grade of master sergeant, rather than technical sergeant. 

_________________________________________________________________

The following members of the Board considered this application in Executive Session on 27 September 2001, under the provisions of AFI 36-2603:

	            Panel Chair
	            Member
	            Member

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 28 Nov 00, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPW, dated 31 May 01, w/atch.

   Exhibit D.  Letter, HQ AFPC/DPPPWB, dated 6 Jun 01, w/atchs.
   Exhibit E.  Letter, HQ AFPC/DPPPR, dated 21 Aug 01, w/atch.
   Exhibit F.  Letter, SAF/MRBR, dated 24 Aug 01.

                                   
                                   Panel Chair

AFBCMR 01-00304

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to                   , be corrected to show that he was promoted to the grade of master sergeant, effective and with a date of rank of 24 September 1945, and that his WD AGO Form 53-55 reflect he was a prisoner of war from 13 June 1943 to 5 May 1945 and was honorably discharged in the grade of master sergeant, rather than technical sergeant.

                                                                          
                                                                          Director
                                                                          Air Force Review Boards Agency