RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01537
		INDEX CODE:  107.00
		COUNSEL:  DISABLED AMER VETERANS

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be corrected to show he was promoted to staff sergeant.

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APPLICANT CONTENDS THAT:

Since he was a prisoner of war (POW) during WWII, he is authorized a one (1) grade promotion. 

In support of his request, applicant submits a copy of WD AGO Form 53-55, Enlisted Record and Report of Separation, Honorable Discharge.

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

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STATEMENT OF FACTS:

Applicant’s available military personnel records reflect that the applicant served on active duty from 4 January 1944 and was discharged in the grade of sergeant on 28 November 1945.  He served one (1) year, two (2) months, and twenty-three (23) days of active duty service.

He served in Europe, and on 26 November 1944 was shot down and became a prisoner of war (POW).  He was returned to military control on 13 May 1945 and returned to the U.S.

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AIR FORCE EVALUATION:

AFPC/DPPPWB recommended the applicant's request be denied.  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 eighteen 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 6 months, he does not meet the prerequisites for a promotion.

The DPPPWB evaluation, with attachments, is attached at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 3 Jul 2003 for review and comment within 30 days.  As of this date, no response has been received by this office.

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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 applicant’s submission and the available evidence of record, we are not persuaded that the releif requested should be granted.  We took notice of the complete submission in judging the merits of the case; however, we agree with the opinions and recommendations of the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion that the former member has not been the victim of an error or injustice.  There was no evidence presented, other than his own assertions, which would lead us to believe that he was entitled to a promotion to staff sergeant.  Therefore, we find no compelling basis to warrant favorable consideration of 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 an 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 no considered with this application.

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The following members of the Board considered Docket Number BC-2003-01537 in Executive Session on 5 August 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 18 Jun 03, w/atchs.
	Exhibit B.	Letter, AFPC/DPPPWB, dated 18 Jun 03, w/atchs.
	Exhibit C.	Letter, SAF/MRBR, dated 3 Jul 03.

	Panel Chair