RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: 01-02489

	 	COUNSEL:  NONE

	 	HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be promoted to the grade of staff sergeant (E-5), effective 2 September 1942.

The applicant also requested that he be awarded the Purple Heart; however, this portion of his application was administratively corrected by AFPC/DPPPRA on 16 October 2001.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

He was a Prisoner-of-War (POW) from 9 April 1942 through 14 September 1945, was promoted to the grade of sergeant on 12 March 1942, and should have been promoted to the grade of staff sergeant on 2 September 1945.

The applicant states that upon the surrender of the American forces in the Philippines to the Japanese, all military records were destroyed.  The records were never reconstituted when he was returned to the United States following the surrender of Japan.

In support of the appeal, applicant submits a statement from his commanding officer, dated 17 January 1946, indicating that he was promoted to the grade of sergeant on or about, 12 March 1942; statements from former POWs; and extracts from his military records.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s records were destroyed by fire on 12 July 1973 at the National Personnel Records Center in St. Louis, Missouri.  Therefore, the following information has been extracted from the applicant’s copies of his military records.

On 1 December 1941, the applicant was promoted to the grade of private and on 20 December 1941, he was promoted to the grade of corporal.

On 12 March 1942, the applicant was recommended for promotion to the grade of sergeant.

The applicant was a member of the American forces that surrendered to the Japanese forces at Bataan on 9 April 1942.  He was interned as a POW, and forced to work in the Omine Coal Mine from 17 September 1944 until his release to U.S. military control on 14 September 1945 upon the surrender of Japan.

Adjutant General order 220.2, dated 29 September 1945, promoted the applicant to the grade of sergeant, effective 2 September 1945.

In a message, dated 21 September 1945, the Department of the Army authorized a one grade promotion to recovered personnel (i.e., POWs) that were absent from military control under honorable conditions for a period of 18 months or longer and had not yet received a one grade promotion since return to military control.

A letter, dated 18 April 1946, concerning the confirmation or redetermination of grades held by the applicant, indicates that he was promoted to the grade of private on 1 December 1941; promoted to the grade of corporal on 20 December 1941; and promoted to the grade of sergeant on 2 September 1945.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPWB recommends the application be denied. AFPC/DPPPWB states, in part, that while the applicant contends he was promoted to the grade of sergeant on 12 March 1942, Adjutant General orders, dated 29 September 1945, confirmed the verbal orders of the Commander-in-Chief on 2 September 1945.  In addition in response to an 18 April 1946 inquiry, the applicant’s case was reviewed and the original determination that he was promoted to the grade of sergeant on 2 September 1945, not 12 March 1942, was reiterated.  The applicant met the criteria for a POW promotion (i.e., absent from military control under honorable conditions for 18 months or longer, and had not received a one grade promotion since return to military control) and was promoted to sergeant effective 2 September 1945 based on his POW status.

The AFPC/DPPPWB evaluation, with attachments, is at Exhibit B.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation, with attachments, was forwarded to the applicant on 26 October 2001 for review and response within 30 days.  However, as of this date, no response has been received by this office.

_________________________________________________________________

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 probable error or injustice.  After a thorough review of the evidence of record and applicant’s submission, a majority of the Board is not persuaded that relief should be granted.  Applicant’s contentions are duly noted; however, a majority of the Board does not find these assertions, in and by themselves, sufficiently persuasive to override the rationale provided by the Air Force.  The offices of primary responsibility have adequately addressed applicant’s contentions and a majority of the Board agrees with their opinions and recommendations.  A majority of the Board, therefore, adopts the rationale expressed as the basis for their decision that the applicant has failed to sustain his burden that he has suffered either an error or an injustice.  Hence, a majority of the Board finds no compelling basis to recommend granting the relief sought.

_________________________________________________________________

RECOMMENDATION OF THE BOARD:

A majority of the Board finds insufficient evidence of error or injustice and recommends the application be denied.

_________________________________________________________________

The following members of the Board considered this application in 
Executive Session on 6 December 2001, under the provisions of AFI 36‑2603:

	Panel Chair
	Member
	Member

The majority of the Board voted to deny the application, Mr XXXX voted to grant the application, but does not wish to submit a Minority Report.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 23 Aug 01, w/atchs.
    Exhibit B.  Letter, AFPC/DPPPWB, dated 1 Oct 01, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 26 Oct 01.