RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBERS:  BC-2004-00913
		INDEX CODE 130.00
	 	COUNSEL:  None

	 	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

He be promoted to the grade of captain on the basis of being a prisoner of war (POW) during World War II (WWII).

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APPLICANT CONTENDS THAT:

He should have been given the higher grade since he was a POW.  He did not know how to get this changed until his daughter checked with a Congressman’s office.  He hopes this request is expedited due to his ill health.

Included in the applicant’s appeal is a 5 Dec 02 letter from his daughter to her Congressman.  She describes her father’s actions during the period in question and how he never had the opportunity to be promoted to captain. 

The applicant’s complete submission, with attachments, is at Exhibit A. 

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STATEMENT OF FACTS:

Army Regulation (AR) 605-12, 17 Aug 44, and Change 1 in Dec 44, governed requirements for officer promotion at the time of demobilization.  Normally, officers were not recommended for promotion, nor were recommendations forwarded or promotions approved by a commander exercising promotion authority unless a position vacancy existed under the commander’s jurisdiction.  Officers were not recommended for promotion until they served the minimum time in grade (TIG) requirements.  AAF Letter 35-252, 23 Jun 45, states the Army and Navy adopted a policy of giving special consideration to an immediate one-grade promotion to POW commissioned officers below the rank of colonel and who would have been promoted but for their capture or evasion.  Change 2 of AR 60-12 authorized the recommendation for promotion without regard to TIG, time in position, and position vacancies.  It was 
the responsibility of the commanders of all echelons to ensure that individuals coming under this classification received prompt consideration for such promotion.

The applicant was an aviation cadet from 7 Apr 42 to 21 Apr 43.  He was commissioned a 2nd lieutenant (2Lt) and entered active duty as a B-24 pilot in the Army Air Corps on 22 Apr 43. He was deployed to England in Oct 43.  He was promoted to 1st lieutenant (1Lt) on 3 Mar 44.  

According to a telegram to his mother, the applicant was reported missing in action over Germany on 7 Jul 44.  He was interned as a POW in Germany.  A 30 May 45 War Department Battle Casualty Report noted the applicant as a casualty on 29 Apr 45. [According to the applicant’s daughter, the POW camp was liberated on that date--see Exhibit A.]  He departed for the US in May 45 and arrived on 3 Jun 45.

A WD AGO Form 100, Separation Qualification Record, indicates the applicant was shot down and held as a POW for 10 months.  

His WD AGO Form, Report of Separation, reflects he was released from active duty on 20 Dec 45 after 2 years, 7 months and 18 days of active service.  Additionally, he participated in the Air Offensive Europe and Normandy campaigns and received the Distinguished Flying Cross, three Air Medals, and the European-African-Middle Eastern Campaign Medal. 

A 14 Feb 46 letter advised former POWs like the applicant who were out of the service to apply to The Adjutant General, War Department, Reserve Branch in Washington DC for promotion to captain if they were still in the Reserve Corps, had 18 months TIG as a 1LT, and had attained a minimum efficiency index of 40. 

In a letter dated 8 Jan 03, the National Personnel Records Center (NPRC) verified to the applicant that, in addition to the decorations listed on his separation certificate, he also was entitled to the Purple Heart, the POW Medal, and the WWII Victory Medal.  

The applicant originally applied to the Army Board for Correction of Military Records on 25 Jul 03.  The Army forwarded the case to the Air Force on 5 Feb 04.  His case was received by the AFBCMR intake office at Randolph AFB on 18 Mar 04.

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AIR FORCE EVALUATION:

HQ AFPC/DPPPO asserts their review of all applicable regulations regarding POW promotions and the applicant’s record and found no documentation indicating he was recommended for promotion to 
captain upon his return to military control or that he should have been promoted under any other provisions in policy or law.  Therefore, denial is recommended.

A complete copy of the evaluation, with attachment, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 20 Aug 04 for review and comment 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.	Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  After a thorough review of the evidence of record and the applicant’s submission, we are not persuaded he should be promoted to the grade of captain.  The applicant’s contentions are duly noted; however, we do not find these assertions, in and by themselves, sufficiently persuasive to override the rationale provided by the Air Force.  His limited records do not indicate he was recommended for promotion to captain, that he acted on the 14 Feb 46 letter, or that he met the minimum efficiency index.  We therefore agree with the recommendations of the Air Force and adopt the rationale expressed as the basis for our decision that the applicant has not sustained his burden of having suffered either an error or an injustice.  In view of the above and absent persuasive evidence to the contrary, we find no compelling basis to recommend granting the relief sought.  However, this decision in no way diminishes the applicant’s contribution and personal sacrifice in behalf of our country during a period of great peril.  We hope he and his family take great pride in the part he played in the nation’s history.

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THE BOARD DETERMINES THAT:

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

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The following members of the Board considered this application in Executive Session on 8 December 2004 under the provisions of AFI 36-2603:
The following documentary evidence relating to AFBCMR Docket Number BC-2004-00913 was considered:

   Exhibit A.  DD Form 149, dated 25 Jul 03, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPO, dated 12 Aug 04, w/atch.
   Exhibit D.  Letter, SAF/MRBR, dated 20 Aug 04.