RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2007-03597
INDEX CODE:  131.00
								COUNSEL: NONE
								HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT: 

He be promoted to the rank of master sergeant.  

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APPLICANT CONTENDS THAT:

He was a Prisoner of War (POW) in Germany from 13 Oct 44 to 7 May 45.  POWs were automatically promoted one-grade; however, he was overlooked.  

In support of his request, applicant provides a copy of his separation documents and excerpts of his military personnel record.  The applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Records reflect that during the period in question he performed duties as a radio mechanic.  He was assigned to duties in the Mediterranean Theater of Operations (MTO) on 22 Aug 44.  The applicant was a POW from 13 Oct 44 to 7 May 45, a period of nearly 7 months.  He returned to the continental United States on 20 Jun 45.  On 9 Sep 45, he was released from active duty by reason of demobilization.  He was credited with 2 years, 9 months, and 18 days of active duty service.  At the time of his separation, he was serving in the grade of technical sergeant.  His separation document reflects he was awarded the Air Medal, European-African Middle Eastern Service Medal and the Good Conduct Medal.  

By letter dated 13 Nov 00, the Air Force office of primary responsibility advised the applicant he was entitled to the Purple Heart and Prisoner of War Medal.  

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AIR FORCE EVALUATION:

AFPC/DPSOE recommends denial.  DPSOE states that the Department of the Army Message 212259Z, Sep 45, states that 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.  Since the applicant was a POW for approximately 7 months, he does not meet the prerequisites for a promotion.  The AFPC/DPSOE complete 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 14 Dec 07 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.  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; however, we agree with the Air Force office of primary responsibility that in accordance with Army Message 212259Z, Sep 45, the applicant does not meet the prerequisites for a POW promotion.  While we are not unmindful or unappreciative of the applicant’s service to his Nation, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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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 Docket Number BC-2007-03597 in Executive Session on 30 Jan 08, under the provisions of AFI 36‑2603:

The following documentary evidence for AFBCMR Docket Number BC-2007-03597 was considered:

	Exhibit A.  DD Form 149, dated 9 Feb 07, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFPC/DPSOE, dated 4 Dec 07, w/atch.
	Exhibit D.  Letter, SAF/MRBR, dated 14 Dec 07.