RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-03812
		INDEX CODE:  107.00; 131.05
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be corrected to show he was promoted to the grade of first lieutenant based on his status as a Prisoner of War (POW), he be awarded the Silver Star, and he be given appropriate recognition (award) for actions performed during a POW forced march.

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APPLICANT CONTENDS THAT:

He saved the lives of many POWs during a forced march from the prison camp of Nuremberg to the prison at Moosburg.  The POWs were observed and almost attacked by an American P-51 pilot who mistakenly thought them to be German soldiers.  The other POWs ran and took cover in a shallow ditch, but he stayed in the road waving off the incoming P-51 as it twice flew over him.  Because he did not run, the pilot was convinced that they were POWs, and flew off waving his wings.  This act deserves a special medal because he saved the lives of many POWs.

In support of the application, the applicant submits a Military Record and Report of Separation - Certificate of Service, documents, personal statements and excerpts of records pertaining to his POW status, and a Book of Mission.  The applicant's complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant’s military personnel records were destroyed by fire in the National Personnel Records Center in 1973.  The following information was extracted from documents provided by the applicant.

Applicant entered active duty as a commissioned officer in the Army of the United States, Air Corps, on 2 October 1943.  He performed duties as a B-17 Bombadier during the period of 25 February 1944 to 10 May 1945.  He was a POW from 18 March 1944 to 15 May 1945, a period of approximately 1 year, 1 month and 21 days.
He participated in the Romo-Arno, Air Combat-Balkans, and North Apennines battles and campaigns.  The applicant was separated in the grade of second lieutenant by reason of Convenience of the Government (Demobilization) on 5 December 1945.  He was credited with 10 months and 18 days of continental service and 1 year, 3 months and 15 days of foreign service.

On 9 March 2004, DPPPR provided the applicant with detailed information and instructions concerning his request, and advised him that he was entitled to the following awards:  Purple Heart Medal, POW Medal, American Campaign Medal, European-African-Middle Eastern Campaign Medal (2 Bronze Stars), and World War II Victory Medal.  The applicant responded, and provided additional documents.  This letter, with attachments, is at Exhibit F.

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AIR FORCE EVALUATION:

HQ AFPC/DPPPO recommends approval of the applicant’s request for promotion.  DPPPO states that requirements for promotion were governed by Army regulation 605-12, Temporary Promotions in the Army of the United States, 24 Jul 1944.  On 9 December 1944, this regulation was amended to allow second lieutenants that had completed 18 months of service to be promoted to first lieutenant without regard to Table of Organization or allotment vacancies.  Although there is no documentation available to support the applicant’s claim, based on AFBCMR decision dated 26 May 1989.  DPPPO believes the applicant would have been promoted to the grade of first lieutenant either as a result of his internment or under the provisions of the terminal leave promotion program.  DPPPO’s complete evaluation is at Exhibit C.

HQ AFPC/DPPPR recommends denial of the applicant’s request for the award of the Silver Star, and “another medal.”  DPPPR states to be awarded the Silver Star Medal or “another medal” a written recommendation has to be signed by a recommending official and endorsed by the next higher official in the chain of command.  There are no documents in the applicant’s service record or among the documents submitted that indicate he was recommended for these awards.  DPPPR is unable to verify the applicant’s entitlement to the Silver Star and “another medal.”  DPPPR’s complete evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant stated that he appreciates the recommendation for promotion but was surprised to find that the military could not do additional research to find documentation supporting his request.  He reiterated the awards that he has already received (Exhibit G).
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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.  Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice with respect to the applicant’s request for promotion.  The purpose of the POW promotion policy established in 1945 was to provide equitable promotion consideration for members who most likely would have been promoted but for their absence from military control.  The applicant was credited with approximately 2 years, 2 months and 3 days of commissioned service, of which 1 year 3 months and 15 days was foreign service.  It appears that the applicant met the criteria contained in Change 1 to AR 605-12 for promotion consideration to first lieutenant while he was in POW status.  The applicant was also eligible for promotion consideration under the Terminal Leave promotion policy.  It is highly probable the absence of any record of a promotion consideration in this case was the result of an oversight during the period of turmoil associated with repatriation and demobilization.  In view of the above and in recognition of the applicant’s service to the nation, we believe that any doubt in this matter should be resolved in his favor and that his records should be corrected to show he was promoted to first lieutenant on the day preceding his release from active duty.

4. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice with respect to the applicant’s requests for award of the Silver Star and another (unspecified) medal.  The applicant requests he be awarded the Silver Star and an appropriate medal for actions performed during a POW forced march.  However, in the absence of evidence other than the applicant’s own submission that support his rendition of the cited events and lead us to believe his actions met the criteria for the requested awards, we agree with the assessment of the Air Force office of primary responsibility concerning the applicant’s request.  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 concerning additional recognition beyond that afforded by the Air Force office of primary responsibility, the applicant’s requests are not be favorably considered.

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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 effective 4 December 1945, he was promoted to the grade of first lieutenant, Army of the United States (Air Corps), and, on 5 December 1945, he was honorably relieved from active duty in the grade of first lieutenant, rather than in the grade of second lieutenant.

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The following members of the Board considered document number BC-2003-03812 in Executive Session on 29 July 2004, under the provisions of AFI 36‑2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 22 Aug 03, with attachments.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, HQ AFPC/DPPPO, dated.18 February 04.
	Exhibit D.  Letter, HQ AFPC/DPPPR, dated 28 April 04.
	Exhibit E.  Letter, SAF/MRBR, dated 7 May 04.
Exhibit F.  Letter, HQ AFPC/DPPPRA, dated 9 March 04 and
            Applicant’s response, dated 30 March 2004, with
            attachments.
	Exhibit G.  Applicant’s Rebuttal, dated 2 June 04.

			

AFBCMR BC-2003-03812

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 APPLICANT be corrected to show that effective 4 December 1945, he was promoted to the grade of first lieutenant, Army of the United States (Air Corps), and, on 5 December 1945, he was honorably relieved from active duty in the grade of first lieutenant, rather than in the grade of second lieutenant.