RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00520
		INDEX CODE:  100.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His prisoner-of-war (POW) release date be changed from 1 May 1945 to 14 May 1945.

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APPLICANT CONTENDS THAT:

He was shot down over Bremen, Germany on 29 November 1943 and was held a POW by the Germany government until he was released on 14 May 1945 at Camp Lucky Strike.

In support of the appeal, applicant submits a copy of his Enlisted Record, a copy of the aircraft crew position list, a memorandum and two letters.  Applicant's complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Air Force Air Corps, Army of the United States on 29 September 1942 in the grade of private.  He was appointed an aviation cadet and entered into flying training.  Upon his successful completion of training, on 28 September 1942, he was awarded the aeronautical rating of pilot, was discharged, and his appointment as an aviation cadet was terminated.  On 29 September 1942, he was appointed a second lieutenant, Air Corps Reserve, and was ordered to active duty.

Applicant performed duties as a B-17 pilot and was assigned to the European Theater of Operations from 4 June 1943 until 9 June 1945.  He was credited with 24 combat missions and 190 combat hours.  On 29 November 1943, while on a mission over Bremen, Germany, the applicant’s aircraft was hit by enemy fire and he was forced to bail out.  He was immediately captured by the Germans and held a POW.  A WD AGO Form 0365-1, filed in the applicant’s record, indicates he was returned to military control (RMC) on 1 May 1945.  He had been a POW for approximately 17 months and 1 day.  Following his return to the Continental United States, the applicant entered terminal leave status on 18 October 1945.  He was relieved from active duty on 28 January 1946 in the grade of captain by reason of demobilization.  He was credited with 1 year, 3 months and 7 days of continental service and 2 years and 22 days of foreign service.  His separation document issued at that time indicates he was awarded the Air Medal with three Oak Leaf Clusters and the EAME Theater Ribbon with Battle Star.  

On 25 January 1980, the applicant submitted an application requesting that his records be corrected to show that he was promoted to the grade of captain in November 1943; and that he received Distinguished Flying Cross (DFC) for flying more than 25 missions during the period in question.

On 13 July 1982, the Deputy for Air Force Review Boards directed that his records be corrected as follow:

    a.  On 29 November 1943, he was awarded the Distinguished Flying Cross for extraordinary achievement while participating in an aerial flight as the flight leader on a B-17 heavy bomber aircraft, commanding a crew on bombing missions during the period 4 July 1943 through 29 November 1943.

    b.  He was recommended and promoted to the grade of captain, AUS-AC, on 29 November 1943 and with commensurate date of rank.

    c.  He was recommended and promoted to the grade of major, AUS-AC, on 28 December 1945 and with commensurate date of rank.

Subsequent to his time, his separation document was amended on 28 January 1983 and 14 August 1996 to show he was separated in the grade of major and was awarded the Distinguished Flying Cross (1983) and to add the Purple Heart, American Campaign Medal, World War II Victory Medal, and the Prisoner of War Medal; and to show his POW status for the period 29 November 1943 to 1 May 1945 (1996).  A reaccomplished separation document was issued on 9 December 2002, which added the Silver Star Medal, and the EAME Medal with three Battle Stars.

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AIR FORCE EVALUATION:

AFPC/DPWCM recommends denial of the request to change the applicant’s POW release date from 1 May 1945 to 14 May 1945.  DPWCM stated that that the applicant’s release date of 1 May 1945 was established by battle casualty report filed in his master personnel records.  This evaluation, with attachment, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 9 October 2003, a copy of the Air Force evaluation was forwarded to the applicant for review and response 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.  Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  Based on information provided by the applicant and available from witness statements contained at Internet Web Sites maintained by veterans who were held at Stalag Luft I, and, in view of the fact that the accepted Department of Defense definition of “return to military control” is the date the individual is returned to the custody of U.S. Authorities, not to the custody of an allied force, it appears likely that the date the applicant was returned to the control of U.S. Authorities was, in fact, 14 May 1945, rather than the date the POW camp was liberated by Russian forces.  We are aware that no tangible benefit will accrue to the applicant as a result of this correction and that his appeal in this matter is based solely on his desire that his records accurately reflect his service history.  In view of the foregoing, it is our opinion that the interests of justice would best be served if his records were corrected in the following manner.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that the date of his return to military control (RMC) from prisoner of war (POW) status was 14 May 1945, rather than 1 May 1945.

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The following members of the Board considered this application, BC-2003-00520, in Executive Session on 30 October 2003, 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 9 Feb 03, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPWCM, dated 27 Mar 03, w/atchs.
	Exhibit D.	Letter, SAF/MRBR, dated 9 Oct 03.

					
					Panel Chair

AFBCMR BC-2003-00520
INDEX CODE:  100.00

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 the date of his return to military control (RMC) from prisoner of war (POW) status was 14 May 1945, rather than 1 May 1945.

		
		Director
		Air Force Review Boards Agency