RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2004-00199
INDEX CODE:  131.00
	XXXXXXXXXXXXXX				COUNSEL: NONE

	XXXXXXXXXXX					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 prior to the time he was a Prisoner of War (POW) and that he was promoted to the grade of captain based on his status as a POW upon his repatriation.

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APPLICANT CONTENDS THAT:

He was told he was being transferred to Advanced Bombardier School with a raise in rank; however, prior to the transfer his plane was shot down and he was held as a prisoner of war (POW) for 19 months.  Upon his return to the United States, he was transferred to the active Reserve and was told he was promoted to first lieutenant.  If this promotion were true, he would be a first lieutenant applying for the grade of captain.  

In support of his application, he provides copies of his application for appointment in the United States Army Reserve and his Certificate of Service in the United States Army.  The applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The majority of the applicant’s records were lost or destroyed.  The following information was extracted from the available records.  The applicant entered active duty as a commissioned officer in the grade of second lieutenant, Air Corps Reserve, on 28 January 1943.  During his period of active duty, he performed duties as a bombardier.  He was assigned to duties in the European Theater of Operations (ETO) on 5 September 1943.  From correspondence in the file, it appears that, in 1987, the National Personnel Records Center verified the applicant was a POW from 14 October 1943 to 1 May 1945, a period of nearly 19 months.  He returned to the continental United States on 17 July 1945.  On 6 December 1945, following a period of terminal leave, he was released from active duty by reason of demobilization.  He was credited with 2 years, 10 months, and 8 days of active duty commissioned service.  He was serving in the grade of second lieutenant at the time of his separation.  His separation document indicates he participated in the Air Offensive Europe and he was entitled to the European-African-Middle Eastern (EAME) Service Medal.  By letter dated 7 June 1997, the Air Force office of primary responsibility advised the applicant he was entitled to the EAME with 1 Bronze Star, the American Campaign Medal, World War II Victory Medal, and the POW Medal.

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AIR FORCE EVALUATION:

AFPC/DPPPO recommends the applicant be promoted to the grade of first lieutenant.  It is DPPPO’s opinion that the applicant would have been promoted to the grade of first lieutenant either as a result of his interment or under the provisions of the terminal leave promotion program.  DPPPO states there is no documentation available to support his promotion to captain.  The DPPPO evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 4 June 2004 for review and response within 30 days.  As of this date, this office has received no response.

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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 to the grade of first lieutenant.  We note the opinion from the Air Force office of primary responsibility that the applicant would have been promoted to the grade of first lieutenant either as a result of his interment or under the provisions of the terminal leave program.  Based on this information, we believe that the applicant should have been promoted based on the length of time he was a POW.  In this regard, we note that regulations then in effect provided that former POWs, who would presumably have been promoted but for their status as a POW, were eligible for immediate consideration for a one-grade promotion upon repatriation, provided they were absent from military control for 18 months or longer.  Since it appears the applicant met this criteria, we believe it highly likely the absence of any promotion consideration in this case was the result of an oversight during a period of turmoil accompanying repatriation and demobilization.  Therefore, to resolve any possible promotion injustice in this case, it is our opinion that the applicant’s records should be corrected to show he was promoted on the day after his return to military control.

4.  Insufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice with respect to the applicant’s request to be promoted to the grade of captain.  Even though we believe the applicant should have been promoted to the grade of first lieutenant we have seen no evidence by the applicant, other than his own assertions, that would lead us to believe he met the eligibility criteria then in effect for a follow-on promotion to the grade of captain.  Accordingly, we find no basis on which to favorably consider this portion of the application.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that effective 2 May 1945, he was promoted to the grade of first lieutenant, Army of the United States (Air Corps); and, on 6 December 1945, he was honorably released from active duty in the grade of first lieutenant, rather than second lieutenant.  

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The following members of the Board considered this application in Executive Session on 11 August 2004, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence for AFBCMR Docket Number BC-2004-00199 was considered:

    Exhibit A.  DD Form 149, dated 19 Jan 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPQ, dated 26 May 04.
    Exhibit D.  Letter, SAF/MRBR, dated 4 Jun 04.

                                 
                                   Chair

AFBCMR BC-2004-00199

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 XXXXXXXXXXXXXXXXXXXXXX, be corrected to show that effective 2 May 1945, he was promoted to the grade of first lieutenant, Army of the United States (Air Corps); and, on 6 December 1945, he was honorably released from active duty in the grade of first lieutenant, rather than second lieutenant.  

                                                                            Director
                                                                            Air Force Review Boards Agency