RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02101
		INDEX CODE:  131.09

		COUNSEL:  

		HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be granted a promotion from staff sergeant to technical sergeant retroactive to the day of his capture.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The 2001 Defense Authorization Act and Prisoner of War Benefits Act of 2003 endorse his request.  Upon returning to United State’s control, only three surviving officers of his crew were promoted.  None of the surviving five enlisted crewmen were promoted.  He believes this is an injustice and it needs to be corrected.

In support of his appeal, the applicant has provided copies of his honorable discharge paperwork, a telegram announcing his return to United States control, an order allowing released prisoners-of-war 21 days of leave enroute to their permanent duty station, award of the Soldier’s Medal, and a letter of appreciation.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant entered active military service in the Army of the United States (US Army Air Corps) on 6 December 1942.  He served during World War II (WWII) as a Gunnery Instructor.  He was captured in Romania and remained a prisoner-of-war (POW) from 15 August 1944 to 31 August 1944.  He was honorably discharged at the Convenience of the Government on 13 August 1945.  He had served for two years, ten months, and nine days and was discharged in the grade of staff sergeant.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPWB recommends denial.  The 2001 Defense Authorization Act implemented instructions for payment of back pay to any person who, by reason of being interned as a POW while serving as a member of the Navy or Marine Corps during WWII, was not available to accept a promotion for which the person had been selected.  However, provisions were in place for members serving in the Army/Air Corps who were POWs.  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.  The applicant was a POW for a total of 17 days.  Since he does not meet the prerequisite for promotion as stated DPPPWB recommends denial.

DPPPWB’s complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 27 August 2004 for review and comment within 30 days.  As of this date, no response has been received by this office.

_________________________________________________________________

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.  We took notice of the applicant's complete submission in judging the merits of the case and deeply appreciate his past service; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  He did not meet the established requirements to benefit from the one grade promotion, as he was not in POW status for the requisite 18 months.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

_________________________________________________________________

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.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-2004-02101 in Executive Session on 13 October 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 1 Jul 04, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPWB, dated 5 Aug 04.
    Exhibit D.  Letter, SAF/MRBR, dated 27 Aug 04.