RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBERS:  02-02094
		INDEX CODE 131.00  130.00
		COUNSEL:  None

	 	HEARING DESIRED:  Yes

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APPLICANT REQUESTS THAT:

His father receive the promotions he should have been given while a Prisoner of War (POW) during World War II (WWII).

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APPLICANT CONTENDS THAT:

His father’s promotions were not accounted for nor was the corresponding increase in pay received.

The applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The deceased member’s records apparently were essentially destroyed in the 1973 fire at the National Personnel Records Center. 

Based on documents supplied by the applicant, the member entered active duty in the US Army Air Corps on 3 Jul 42. According to his WD AGO Form 53-55, he was wounded in the right hip as he parachuted from his plane over France on 10 Jul 43. The member was a sergeant at that time. He was a POW from 10 Jul 43 to 1 May 45, as confirmed by the Repatriation and Family Affairs Division, Department of the Army, letter dated 11 Feb 02. He was honorably discharged in the grade of technical sergeant on 18 Oct 45.  The member died on 23 May 98.
 
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AIR FORCE EVALUATION:

HQ AFPC/DPPPWB assumes that, since the applicant’s father was a POW for 22 months in the grade of sergeant and was honorably discharged five months after his repatriation in the grade of technical sergeant, he was promoted in accordance with policies in effect at that time.  Due to extremely limited records, there are no orders available to confirm actual promotion dates. In the absence of documentation to the contrary, they conclude the applicant’s father was discharged in the appropriate grade and recommend denial.

A complete copy of the evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 26 Jul 02 for review and comment within 30 days.  As of this date, this office has received no response. 

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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 error or injustice.  After a thorough review of the evidence of record and applicant’s submission, we are not persuaded that his late father should be promoted beyond the grade of technical sergeant. Applicant’s contentions are duly noted; however, we do not find these assertions, in and by themselves, sufficiently persuasive to override the rationale provided by the Air Force. The applicant’s father was captured in the grade of sergeant and was honorably discharged in the grade of technical sergeant. The applicant has not established that his father was entitled to a higher grade.  We therefore agree with the Air Force’s recommendations and adopt the rationale expressed as the basis for our decision that the applicant has failed to establish his late father suffered either an error or an injustice. In view of the above and absent persuasive evidence to the contrary, we have no alternative but to conclude that the applicant’s request should be denied. However, we do wish to acknowledge his father’s personal sacrifice and hope the applicant and his family are justifiably proud of his father’s courage and service while defending the country in a time of great peril. 

4.	The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue(s) involved. Therefore, the request for a hearing is not favorably considered.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered this application in Executive Session on 17 October and 6 November 2002 under the provisions of AFI 36-2603:

The following documentary evidence relating to AFBCMR Docket Number 02-02094 was considered:

  Exhibit A. DD Form 149, dated 26 Feb 02, w/atchs.
  Exhibit B. Deceased Members's Limited Master Personnel Records.
  Exhibit C. Letter, HQ AFPC/DPPPWB, dated 11 Jul 02.
  Exhibit D. Letter, SAF/MRBR, dated 26 Jul 02.

                                   
                                   Panel Chair