RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  03-03253
		INDEX CODE:  110.00
		COUNSEL:  None
		HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be promoted to the grade of technical sergeant because he was a Prisoner of War.  

_________________________________________________________________

APPLICANT CONTENDS THAT:

Many of his officer friends who were former Prisoners of War have been promoted a grade.

Applicant submits no supporting documentation.  Applicant’s submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was inducted into the Army of the United States on 25 August 1943 and entered active duty on 15 September 1943, was assigned to duty in the Air Corps, and was progressively promoted to the grade of staff sergeant.  The applicant was assigned to the XXX Bombardment Squadron, in the European Theater of Operations as an Aerial Gunner, from 1 July 1944 through 5 June 1946, when he returned to the Continental United States.  He was reported Missing in Action on 6 January 1945 and his status as a Prisoner of War was confirmed on 28 March 1945.  The Air Force office of primary responsibility indicates that the applicant was returned to military control on 29 April 1945.  The applicant was honorably discharged in the grade of staff sergeant on 30 September 1945, for the Convenience of the Government (Demobilization).  

On 1 December 2003, after a review of his available military personnel record, the Recognition Programs Branch, determined that the applicant’s Report of Separation did not reflect the POW Medal, Distinguished Unit Citation, American Campaign Medal, and World War II Victory Medal.  By letter, dated 12 December 2003, applicant was advised of these corrections and provided a copy for his records.   

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPWB recommends the application be denied.  DPPPWB 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 four months, he does not meet the prerequisites for a promotion.   The AFPC/DPPPWB evaluation is at Exhibit C.  

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 19 December 2003, for review and response.  As of this date, this office has received no response. 

_________________________________________________________________

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.  Applicant’s contentions are duly noted; however, we do not find these uncorroborated assertions, in and by themselves, sufficiently persuasive to override the rational provided by the Air Force.  Therefore, we agree with the recommendation of the Air Force and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain his burden that he has suffered either an error or an injustice.  While we appreciate and honor the applicant’s service to his country, in view of the above and absent persuasive evidence showing his records are in error or unjust, the applicant’s request cannot be favorably considered.

4.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable 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.  
_________________________________________________________________

The following members of the Board considered this application in Executive Session on 30 January 2004, under the provisions of AFI 36‑2603:

The following documentary evidence for AFBCMR Docket Number 03-03253 was considered:

     Exhibit A.  DD Form 149, dated 24 Sep 03.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPPWB, dated 2 Dec 03.
     Exhibit D.  Letter, SAF/MRBR, dated 19 Dec 03.