RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-03300
		INDEX CODE:  130.00, 131.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be corrected to reflect that he was a Prisoner of War (POW) and that he be promoted to the grade of technical sergeant (TSgt).

EXAMINER’S NOTE:  On 1 December 2003, AFPC/DPPPRA advised the applicant that the portion of his application requesting his records reflect POW status has been resolved administratively.  Therefore, the only issue before the Board is promotion to the grade of TSgt.

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APPLICANT CONTENDS THAT:

He should be promoted to the grade of TSgt based on the fact that he was a POW.

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

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STATEMENT OF FACTS:

The applicant was inducted on 8 March 1943 and entered the Army Air Corps on 15 March 1943.

The applicant was a POW for the period 10 May 1944 through 13 May 1945.

On 27 October 1945, the applicant was discharged in the grade of staff sergeant, under the provisions of AR 615-365 (Convenience of the Government RR 1-1 Demobilization).  He served 2 years 7 months and 20 days of total active military service.

A DD Form 215 (Correction to DD Form 214 Certificate of Release or Discharge from Active Duty) was issued with the following additions:  Prisoner of War (POW) Medal (Germany: 10 May 1944 through 13 May 1945), American Campaign Medal, and World War II Victory Medal.

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AIR FORCE EVALUATION:

AFPC/DPW indicated that the Army Repatriation and Family Affairs Division provided a POW list that includes the applicant’s name; therefore, they recommend his discharge documents reflect he was a POW from 10 May 1944 to 13 May 1945.

The evaluation, with attachments, is at Exhibit C.

AFPC/DPPPWB recommended denial.  They indicated that the applicant’s record indicates he was a POW from 10 May 1944 through 13 May 1945, approximately 12 months.   Military Personnel Division, ASF, Department of the Army Message 212259Z, September 1945, 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 12 months, he does not meet the prerequisites for a promotion.

The evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 19 December 2003, copies of the Air Force evaluations were forwarded to the applicant for review and response 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 an error or injustice.  The applicant contends that he should be promoted to the grade of TSgt based on the fact that he was a POW.  We took notice of the applicant’s complete submission in judging the merits of the case; however, the Board agrees with the opinion and recommendation of the Air Force and adopts their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  The Board notes during the time period in question, the governing Army regulation indicated recovered personnel must have been absent from military control under honorable conditions for eighteen months or longer, and have not received a one grade promotion since return to military control, in order to be eligible for a POW promotion.  We note the applicant was a POW from 10 May 1944 to 13 May 1945, approximately 12 months; therefore, he does not meet the prerequisites for a promotion.  The personal sacrifice the servicemember endured for his country is noted and our decision in no way diminishes the high regard we have for his service; however, the applicant has failed to sustain his burden that he has suffered either an error or an injustice.  In view of the above, we find no compelling basis to recommend granting the relief sought.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of an 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 AFBCMR Docket Number BC-2003-03300 in Executive Session on 29 January 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 29 September 2003, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPW, dated 14 November 2003, w/atchs.
   Exhibit D.  Letter, AFPC/DPPPWB, dated 2 December 2003.
   Exhibit E.  Letter, SAF/MRBR, dated 19 December 2003.