RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01354
		INDEX CODE:  131.06

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be corrected to show he is a prisoner of war (POW) and was promoted to a higher grade.

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APPLICANT CONTENDS THAT:

He is a former POW from prison camp #13 in Romania from 4-16-1944 to 9-8-1944 during World War II (WWII).  His rank of technical sergeant (TSgt) should be adjusted to a higher rank as a result of his being a POW.

In support of the appeal, applicant submits copies of orders dated 7 September 1944 and his Enlisted Record, Report of Separation document, a POW post card and an envelope, and a Veterans’ Affairs (VA) IDVA Form 200.  Applicant's complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant’s master personnel record (MPR) appears to have been destroyed by the 1973 fire at the National Personnel Records Center (NPRC) in St. Louis.  However, the following facts have been obtained from documents provided by the applicant.

Applicant enlisted in the Army of the United States on 20 November 1942 and entered active duty on that same date.  He was assigned to duties in the Army Air Force.  Following training, he performed duties as an Aerial Engineer Gunner, was progressively promoted to the grade of technical sergeant, and was assigned to duties in the European Theater of Operations on 20 December 1943.  The applicant was a POW from 16 April 1944 to 1 September 1944.  Upon repatriation, he was returned to the United States on 26 September 1944.

On 29 August 1945, while serving in the grade of technical sergeant, he was honorably discharged by reason of demobilization.  He was credited with two years, nine months and ten days of active duty service, of which 11 months were foreign service.  He had participated in the Ploesti Air Raid and was entitled to the Good Conduct Medal; the Purple Heart Medal; the Air Medal, First Silver Oak Leaf Cluster; the Distinguished Flying Cross; the European-African-Middle Eastern Theater Ribbon with one Bronze Battle Star; and one Overseas Service Bar.

While reviewing the applicant’s records, it was discovered that there were errors on his separation document (WD AGO Form 53-55, Military Record and Report of Separation - Honorable Discharge).  A DD Form 215, Correction to DD Form 214, Certificate of Release or Discharge from Active Duty, has been completed showing the applicant was entitled to the POW Medal, the American Campaign Medal and the World War II Victory Medal.

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AIR FORCE EVALUATION:

AFPC/DPPPWB states that a review of the applicant’s records indicates he was a POW from 16 April 1944 to 1 September 1944, approximately five months.  Military Personnel Division, ASF, Department of the 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 have not yet received a one grade promotion since return to military control, in order to be eligible for a POW promotion.  Since the applicant was a POW for approximately five months, he does not meet the prerequisites for a promotion.  A complete copy of the evaluation, with attachments, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states that their prison camp was only in operation from 4 April 1944 to 25 August 1944.  Every officer in the camp upon return had his or her rank upgraded.  The enlisted men were also given an upgrade below the rank of TSgt.  He was up for a promotion before he was shot down.  He thinks the rule concerning absence from military control under honorable condition had to be made after September 1944.

He is going to a POW reunion on the XXth of August.  It is made up of people that were in the camp.  He will follow up with names and ranks of people in the Association of Former POWs in Romania that made an upgrade.

Applicant's complete response is attached 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.  We note that action has been taken to administratively correct the applicant’s records to show his status as a POW.  Therefore, action by this Board on that portion of the application is not required.  We took notice of the applicant's complete submission in judging the merits of his request for promotion; however, we agree with the opinion and recommendation of the Air Force and adopt their rationale as the basis for the conclusion that the applicant has not been the victim of an error or injustice.  As stated, recovered personnel must have been absent from military control under honorable conditions for 18 months or longer, and have not yet received a one-grade promotion since return to military control, in order to be eligible for a POW promotion.  Therefore, in the absence of evidence showing the applicant met the eligibility criteria for a one-grade promotion based on his status as a POW or any other promotion criteria then in effect and that he was recommended for promotion and the recommendation was improperly denied, 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 this application, BC-2003-01354, in Executive Session on 25 September 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 26 Feb 03, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPPPWB, dated 18 Jun 03, w/atchs.
	Exhibit D.	Letter, SAF/MRBR, dated 1 Aug 03.
	Exhibit E.	Applicant’s Response, dated 12 Aug 03, w/atchs.