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AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

ADDENDUM TO 

RECORD OF PROCEEDINGS 

IN THE MATTER OF: 

DOCKET NUMBER: 96-00978 

3AND5 7999 

COUNSEL:  None 
HEARING DESIRED:  NO 

RESUME OF CASE: 

On  13  February  1997, the Board  considered and  denied  applicant's 
request  to  have  his  records  reflect  POW  status.  The  applicant's 
aircraft had  been  forced down over Yugoslavia while  on a mission 
from  Germany  on  19 November  1951.  He  was  interned  in  Hungary, 
interrogated, and  returned to US  military  control on  28 December 
1951.  The  applicant  retired  in  1968  in  the grade  of  lieutenant 
colonel.  In  his  appeal,  he  contended  the  VA  would  not  provide 
medical treatment because he was not on the POW  list. 
A  copy  of  the  Record  of  Proceedings,  with  Exhibits,  is  at 
Exhibit F. 

In  an  undated  cover  note,  Representative  Solomon  forwarded 
applicant's 14 June 1998 letter, which  includes a copy of  a  1952 
Life  magazine  interview,  and  requested  reconsideration  for  his 
constituent. 

A  copy  of  the  Representative's letter, with  attachments,  is  at 
Exhibit H. 

THE BOARD CONCLUDES THAT: 

Sufficient  relevant  evidence has  been  presented  to  demonstrate 
the  existence  of  probable  error  or  injustice.  After  careful 
consideration, we  are persuaded  that  the  circumstances of  this 
particular case warrant awarding the applicant POW status for the 
period from 19 November 1951, when his aircraft was forced down, 
to 28 December 1951, when he was returned to US military control. 
We  therefore  recommend  his  records  be  corrected  as  indicated 
below. 

THE BOARD RECOMMENDS THAT: 

The pertinent military records of the Department of the Air Force 
relating  to  APPLICANT,  be  corrected  to  show  that  he  was  a 
Prisoner of War from 19 November 1951 to 28 December 1951. 

The following members of the Board considered this application in 
Executive Session on  11  November  1998, under the provisions of 
AFI 36-2603: 

Mr. Michael P. Higgins, Panel Chair 
Mr. Loren S. Perlstein, Member 
Mr. William E .   Edwards, Member 

A11 members voted  to correct the records, 
following documentary evidence was considered: 

as recommended.  The 

Exhibit F. 
Exhibit G. 

Record of Proceedings, dated 4 Apr 97, w/atchs. 
Representative's Letter, undated, w/atchs. 

Panel Chair 

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DEPARTMENT OF THE AIR FORCE 

WASHINGTON, DC 

- 

Office of the Assistant Secretary 

AFBCMR 96-00978 

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: 

records of the Department of the Air Force relating to 

corrected to show that he was a Prisoner of War from 

Air Force Review Boards Agency 

. 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

rn - 4  '997 

IN THE MATTER OF: 

DOCKET NUMBER: 96-00978 - 
- a  
COUNSEL: None 

HEARING DESIRED:  No 

-  . .  

APPLICANT REQUESTS THAT: 
His DD Form 214 be annotated to reflect that he was a Prisoner of 
War  (POW) from 19 November to 29 December 1951. 

APPLICANT CONTENDS THAT: 
The C - 4 7   aircraft in which he was the co-pilot was forced down  by 
Russian MIGs.  The airplane landed at a Russian Air Force Base in 
Hungary.  He  was  interrogated by Russians and kept  in solitary 
confinement. He  says the Veterans Administration  (VA) will  not 
provide medical treatment because he is not on the POW list. 

In  support  of  his  contentions,  the  applicant  provides  orders 
moving him to Germany and back to the United States for the time 
frame in question, and copies of telegrams advising his parents 
of his missing status and his release from Hungarian authorities 
to US  military  control. He also provides a  letter  from  the VA 
advising him of expanded benefits accorded to former POWs. 
Applicant's complete submission is attached at Exhibit A. 

STATEMENT OF FACTS: 

By Special Orders Number  149, dated  11 July 1949, applicant 
ordered to Erding Air Force Depot, Germany. On 19 November 1 
while  co-piloting  a  C-47  aircraft  from  Erding,  Germany, 
Belgrade, Yugoslavia, applicant and three other crew members 
forced  down.  The  AFHQ  Form  0-529  (Casualty  Report)  d 
2 January  1952,  confirms  that  applicant  was  missing 
19 November 1951, was interned in Hungary on 4 December 1951, 
was  returned  to  US  military  control  on  28  December  1951. 
Special Orders Number 190, dated 29 December 1951, applicant 
ordered back to the US. 

was 
.951, 
to 
were 
.ated 
on 
and 
BY 
was 

He  retired  in  the  grade  of  lieutenant  colonel  on  1 September 
1968. He served a total of 27 years, 10 months and 28 days in the 
military services. 

. 

.. 

AIR FORCE EVALUATION: 

The Missing Persons Branch, AFPC/DPWCM, reviewed this application 
and provides the criteria for determining POW status as outlined 
in Title 3 8 ,   USC, Section l O l ( 3 2 ) .   They recommend denial because 
the applicant was not interned during a period of warand there 
is no documentation that he was mistreated during his internment. 

A complete copy of the Air Force evaluation is at Exhibit C. 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

The applicant reviewed the evaluation and responded that Russian 
MIGs  fired tracer rounds across the nose of  the C-47 aircraft. 
After  landing, the  crew was  immediately taken into custody and 
separated.  He was interrogated night and day by Russian officers 
in uniform, then turned over to the Hungarians and interrogated 
again. 
calls this mistreatment and wonders if the Air Force is so young 
He 
it is not familiar with the term Ilcold War." 

He  was  held  in  solitary confinement  for 40 days. 

Applicant's complete rebuttal is attached at Exhibit E. 

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 probable error or injustice.  After 
a  thorough  review  of  the  evidence  of  record  and  applicant's 
submission, we  are  not  persuaded  that  his  DD  Form  214  should 
reflect  POW  status  from  19  November  to  29  December  1951. 
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. 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 failed to sustain his burden that he has suffered 
either  an  error  or  an  injustice. 
compelling basis to recommend granting the relief sought. 

Therefore,  we  find  no 

THE BOARD DETERMINES THAT: 

The  applicant  be  notified  that  the  evidence presented  did  not 
demonstrate  the  existence  of  probable  material  e r r o r   o r  
injustice;  that  the  application was  denied  without  a  prsonal 

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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 this application in 
Executive Session on  13  February 1997,  under  the  provisions of 
AFI 36-2603: 
.

.

 

Mr. Martin H. Rogers, Panel Chairman 
Mr. William E. Edwards Member 
Mr. Michael P. Higgins, Member 
Ms. D. E. Hankey, Examiner  (without vote) 

The following 

documentary evidence was considered: 

Exhibit A'. 
Exhibit B . 
Exhibit C . 
Exhibit D. 
Exhibit E. 

DD Form 149, dated 6 Apr 96, w/atchs. 
Applicant's Master Personnel Records. 
Letter, HQ AFPC/DPWCM, dated 7 May 96. 
Letter, AFBCMR, dated 20 May  96. 
Letter, Applicant, dated 14 Jun 96, w/atch. 

Panel Chairman 

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