RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBERS:  BC-2003-01285
		INDEX CODE 130.00  131.00  110.01
	 		COUNSEL:  None

	 		HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

1.  He be granted a Prisoner of War (POW) promotion from staff sergeant (SSgt) to technical sergeant (TSgt).

2.  In his rebuttal (Exhibit E), the applicant requests his WD AGO Form 100, Separation Qualification Record, reflect “13 May 45” rather than “2 May 45” in Item 13; his WD AGO Form 53-55, Report of Separation, be corrected to show in Item 7 a date of separation of 12 Oct 45, rather than 12 Nov 45, and in Item 34 that he received flack wounds in his left foot and thigh and frostbite in both feet; and the DD From 215, Correction to DD Form 214, amending his record to reflect receipt of the POW medal be corrected to show he was a POW until 13 May 45, rather than 1 May 45.

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APPLICANT CONTENDS THAT:

His rank should be changed based on the 2001 Defense Authorization Act.

The applicant’s complete submission, with attachment, is at Exhibit A. 

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STATEMENT OF FACTS:

The applicant was inducted in the Army Air Corps on 19 Mar 43 and entered active duty on 26 Mar 43.

On 25 Dec 44 the applicant, a B-17 toggelier serving in the grade of SSgt, was in a bomber that sustained flak damage on a mission over Czechoslovakia and dropped out of formation. He was first carried in missing-in-action (MIA) status, but he was later determined to be a POW in Germany. Paris was liberated on 1 May 45. 

According to the applicant’s WD AGO Form 53-55, he was returned to US control on 13 May 45. His WD AGO Form 100 indicates in Item 13 that he was a POW until liberated on 2 May 45.

An Assignment Recommendation Form dated 13 Sep 45 advised that he had a history of frostbite aggravated by cold weather, was temporarily disqualified physically for overseas duty, and should be assigned to warm climate.

The applicant was discharged in the grade of SSgt on 12 Oct 45, according to one copy of the WD AGO Form 53-55, the WD AGO Form 100, a DD Form 13 (Statement of Service), and his Discharge Certificate. Another copy of the WD AGO Form 53-55 indicates a discharge date of 12 Nov 45. However, in addition to the other forms indicating a 12 Oct 45 discharge date, the total length of service of 2 years, 6 months and 17 days on both WD AGO Forms would indicate the 12 Oct 45 discharge date is the correct one.

Around 24 Feb 48, the applicant applied for reenlistment in the Regular Army as a partially disabled WWII combat-wounded veteran. On 9 Mar 48, he was physically disqualified for “Residua of frost bite, left foot, symptomatic.” As a result, the Army did not favorably consider his request for a waiver of physical disability.

The applicant subsequently reenlisted in the Air Force on 22 Mar 48 and continued his career until his retirement in the grade of senior master sergeant on 1 May 67 after 20 years, 8 months and 5 days of active service.

On 29 May 03, HQ AFPC/DPW advised both HQ AFPC/DPP and the applicant that his records should be corrected to reflect he was a POW from 25 Dec 44-13 May 45.

On 11 Jul 03, HQ AFPC/DPPRSP notified the applicant that his WD AGO Form 53-55 had been corrected to reflect receipt of the POW Medal (Germany: 25 Dec 44-1 May 45), the American Campaign Medal, and World War II Victory Medal. However, the DD Form 215 refers to the WD AGO 53-55 date as 12 Nov 45, when the correct discharge date appears to have been 12 Oct 45, and indicates his POW status ended 1 May 45.

The Fiscal Year 2001 National Defense Authorization Act (FY01 NDAA), Section 667, pertains to members of the Navy and Marine Corps selected for a one-grade promotion while interned as a POW during World War II and applies only to individuals who served as members of the US Navy or Marine Corps.

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AIR FORCE EVALUATION:

HQ AFPC/DPPPWB recommends denial because the Military Personnel Division, ASF, Department of Army Message 212259Z Sep 45 states that recovered personnel must have been absent from military control under honorable conditions for 18 months or longer and not yet received a one-grade promotion since return to military control. The applicant was a POW for only approximately four and one-half months and therefore does not meet the prerequisites.

A complete copy of the evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant pointed out errors in his original Report of Separation and in the DD Form 215 used to correct some of the WD AGO Form 53-55 errors. He contended the DD Form 215 left errors needing correction. His promotion was promised in combat and could have had a great difference in future career status. The Russian military overran the POW camp on 2 May 45 and proceeded to assume command. His American ranking officer in camp was advised by Gen Eisenhower to remain where they were in camp. He was returned to US military control on 13 May 45. Among his supporting documents, he provided an undated, unsigned letter from HQ AFPC/DPPPRA indicating that the POW period should have been 25 Dec 44 to 13 May 45, rather than 1 May 45. [Note: A signed/dated copy of this letter could not be found in the applicant’s military personnel records.]

The applicant’s complete response, with attachments, is at Exhibit E.

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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 to warrant granting the applicant’s request for promotion to TSgt based on his POW status. A review of the FY02 NDAA appears to indicate that this bill addresses back pay for members of the Navy and Marine Corps who were selected for promotion while interned as POWs during World War II. This bill does not apply to Air Force members, nor does it appear to authorize promotions for former POWs. According to the Department of the Army Message 21229Z Sep 45, the applicant, a member of the Air Corps, had to have been absent from military control under honorable conditions for 18 months or longer to be eligible for a POW promotion.  The applicant was a POW for less than five months (25 Dec 44-13 May 45). As the applicant has not shown he was a POW for more than 18 months or that, as a member of the Air Force, he qualifies under the FY01 NDAA, we find no basis to recommend granting this portion of his appeal.

4.	Sufficient relevant evidence has been presented to warrant amending the applicant’s WD AGO Form 100 and the DD Form 215 to reflect he was in POW status until 13 May 45.  The WD AGO Form 53-55, the source document most contemporary to this period, notes in Item 55 that he was returned to US control on 13 May 45. Further, the 29 May 03 letters from HQ AFPC/DPW to HQ AFPC/DPP and the applicant indicate his records should reflect he was a POW from 25 Dec 44 to 13 May 45. We believe the benefit of the doubt in this instance should be resolved in the applicant’s favor. As for his request to show flak wounds in the left thigh as well as the left foot and frostbite in both feet in Item 34 of his WD AGO Form 53-55, the available records report frostbite in his left foot only, but not in both feet or that he sustained a flak wound in the left thigh. Additionally, we noted the applicant had two WD AGO Forms 53-55 for this period in his records, one with a separation date of 12 Oct 45 and another with a date of 12 Nov 45. We believe the 12 Nov 45 copy to be in error. The applicant’s WD AGO Form 100, DD Form 13, and Discharge Certificate all indicate a discharge date of 12 Oct 45. Further, the total length of service of 2 years, 6 months and 17 days on both WD AGO Forms 53-55 would indicate the 12 Oct 45 discharge date is the correct one. Therefore, we recommend the applicant’s records be corrected to the extent indicated below.
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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:

	a.  His WD AGO Form 100, Separation Qualification Record, reflect 13 May 1945, rather than 2 May 1945, in Item 13.

	b.  His WD AGO Form 53-55, Report of Separation, reflects a date of separation of 12 October 1945, rather than 12 November 1945, in Item 7, and frostbite as well as flak wound in left foot in Item 34.

	c.  The DD From 215, Correction to DD Form 214, amending his record to show receipt of the POW medal, reflects he was a POW until 13 May 1945, rather than 1 May 1945.

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The following members of the Board considered this application in Executive Session on 2 October 2003 under the provisions of AFI 36-2603:

			

All members voted to correct the records, as recommended.  The following documentary evidence relating to AFBCMR Docket Number BC-2003-01285 was considered:

   Exhibit A.  DD Form 149, dated 2 Mar 03, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPWB, dated 24 Jun 03.
   Exhibit D.  Letter, SAF/MRBR, dated 1 Aug 03.
   Exhibit E.  Letter, Applicant, dated 27 Aug 03, w/atchs.

                                   

AFBCMR BC-2003-01285

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:

	     a.  His WD AGO Form 100, Separation Qualification Record, reflects 13 May 1945, rather than 2 May 1945, in Item 13.

	     b.  His WD AGO Form 53-55, Report of Separation, reflects a date of separation of 12 October 1945, rather than 12 November 1945, in Item 7, and frostbite as well as flak wound in left foot in Item 34.

	     c.  The DD From 215, Correction to DD Form 214, amending his record to show receipt of the POW medal, reflects he was a POW until 13 May 1945, rather than 1 May 1945.