RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01277
		INDEX NUMBER:  131.06
	XXXXXXXXXX (Deceased)	COUNSEL:  None

	XXX-XX-XXXX	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

Applicant’s widow requests that the applicant’s date of rank (DOR) for his promotion to sergeant, 2 Sep 45, be made retroactive to his date of capture as a prisoner of war (POW),   9 Apr 42.

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APPLICANT CONTENDS THAT:

She believes that her husband was entitled to a one-grade promotion retroactive to the date of his capture as a POW.

In support of her appeal, applicant provides a copy of an article detailing actions by the U.S. Navy and Marines to grant retroactive promotions to the date of capture to former POWs who apply and a copy of her deceased husband’s DD Form 214.

The applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant was a POW from 9 Apr 42 until 7 Sep 45 while serving in the grade of corporal.

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AIR FORCE EVALUATION:

AFPC/DPPPWB recommends that the applicant’s widow’s request be denied.

Military Personnel Division Message dated 2259Z, 21 Sep 45 provided for former POWs to be promoted one grade when they were liberated, provided they were a POW for 18 months or longer.  The provision did not provide for retroactive promotion to the date of capture.  The applicant met the prerequisites for the one grade promotion and was promoted to sergeant on 2 Sep 45, the day of his release.

The complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 1 Aug 03 for review and comment within 30 days.  To date a response has not been received.

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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.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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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 Docket Number BC-2003-01277 in Executive Session on 6 October 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 6 Mar 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFPC/DPPPWB, dated 1 Jul 03.
    Exhibit D.  Letter, SAF/MRBR, dated 1 Aug 03.