RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 00-01679
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His record be corrected to reflect Prisoner-Of-War status.
_________________________________________________________________
APPLICANT CONTENDS THAT:
On 19 September 1943, he collided with another bomber and parachuted
out of his stricken P-40 fighter aircraft behind enemy lines. While
on the ground, he was captured and taken prisoner by the Chinese and
held for one day in a compound.
Applicant’s complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant’s military personnel records were destroyed by fire in 1973.
Therefore, the facts surrounding his separation from the Air Force
cannot be verified.
The available records reflect that the applicant entered the U.S. Army
Air Corps from December 1941 until May 1946, and the Military Reserve
from June 1946 through September 1959, obtaining the grade of
lieutenant colonel. He served in the Asia Pacific arena from 22
October 1942 through 25 July 1945. His medals, when he was discharged
included the Distinguished Flying Cross, Air Medal, Purple Heart,
American Campaign Medal, Asia Pacific Campaign Medal and the World War
II Victory Medal.
_________________________________________________________________
AIR FORCE EVALUATION:
The Director, Personnel Accountability, AFPC/DPW, reviewed the
applicant’s request and recommended denial. The applicant is not on
the Army Repatriation and Family Division’s POW database. United
States Code Annotated Title 38, Section 101 (32) defines the term
“former prisoner of war” (POW) as “a person who, while serving in the
active military, naval or air service, was forcibly detained or
interned in line of duty (A) by an enemy government or its agent, or a
hostile forces, during a period of war; or (B) by a foreign government
under circumstances which the Secretary finds to have been comparable
to the circumstances under which persons have generally been forcibly
detained or interned by enemy governments during periods of war.”
During World War II, the United States and China were allies. In
addition, there is no documentation in his record, and none has been
provided by the applicant, supporting POW status in accordance with
the foregoing.
A complete copy of the evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the Air Force evaluation and stated that not
all Chinese were friendly during that time. The bombing and strafing
left many Chines killed. Those who survived were not friendly and in
some cases, killed Americans. The applicant believes the United
States Code Annotated Title 38, Section 101 (32) accurately describes
his situation on 19 September 1943.
Applicant’s complete response 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. We took notice of the
applicant's complete submission in judging the merits of the case;
however, we agree with the opinion and recommendation of the Air Force
and adopt their rationale as the basis for our conclusion that the
applicant has not been the victim of an error or injustice. Applicant
provides insufficient persuasive documentation to support his
contention that he was held as a prisoner of war (POW) by the Chinese
after an aircraft accident on 19 September 1943. In coming to our
conclusion, we note that the Chinese and the United States were allies
during World War II. Secondly, by his own admission, he was found by
friendly Chinese and kept in their village for approximately one day
until a litter was prepared to facilitate in transporting him to his
home base, a 10-11 hour trip by pony. The personal sacrifice the
applicant has endured for his country is noted and our decision should
in no way lessens his service; however, insufficient documentary
evidence has been presented to warrant awarding him POW status.
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 probable 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 this application in
Executive Session on 17 October 2000, under the provisions of AFI 36-
2603:
Mr. Benedict A. Kausal, IV, Panel Chair
Ms. Dorothy P. Loeb, Member
Mr. Richard A. Peterson, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 May 2000.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPW, dated 18 July 2000.
Exhibit D. Letter, SAF/MIBR, dated 28 July 2000.
Exhibit E. Applicant's response, dated 1 August 2000.
BENEDICT A. KAUSAL, IV
Panel Chair
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