RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBERS: 02-00974
INDEX CODE 130.00 128.14
COUNSEL: None
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be given subsistence allowance in conjunction with the award of the
Prisoner of War (POW) medal for his internment in Siberia for the
period 18 Nov 44 – 26 May 45.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Only last year did he learn that crewmates had received compensation
for their POW status.
The applicant’s complete submission, with attachments, is at Exhibit
A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Army Air Corps and entered active duty
on 23 Apr 43. He was a B-24 gunner stationed with the 404th
Bombardment Squadron, 25th Bomber Wing in the Aleutians. Following a
combat mission over the Kurile Islands, he was declared missing in
action on 18 Nov 44. He was interned in Siberia and released on 26 May
45. He returned to the US on 1 Jun 45 and honorably discharged on 7
Dec 45 in the grade of sergeant. He had 2 years, 7 months and 16 days
of active service.
On 25 Feb 01, the applicant submitted his appeal to the Army Board for
Correction of Military Records, who in turn forwarded the case to the
Air Force for processing on 11 Mar 02.
In the interim, the Defense Finance and Accounting Service (DFAS)
informed the applicant’s Representative on 15 Feb 02 that the Fiscal
Year 1997 National Defense Authorization Act (FY97 NDAA) designated
those members interned in Siberia as eligible for the POW Medal and a
$2.50 daily subsistence allowance. Further, members were required to
submit an individual application requesting this allowance between the
period 1 Oct 96 through 30 Sep 97. DFAS advised they did not have the
authority to waive the provisions of the law or to make exceptions to
the time limit imposed.
On 25 Apr 02, HQ AFPC/DPPRSP advised the applicant that his WD AGO
Form 53-55, Enlistment Record and Report of Separation, Honorable
Discharge, was administratively corrected to reflect his POW status
from 18 Nov 44 – 26 May 45 and award of the POW Medal and
Distinguished Unit Citation.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPW verified the applicant’s POW status from 18 Nov 45 to 31
[sic] May 45.
A complete copy of the evaluation is at Exhibit C.
DFAS-POCC/DE explained that the applicant’s request was not submitted
within the 1 Oct 96-30 Sep 97 time period. They have no authority to
waive the provisions of the law or to make exceptions to the time
limit imposed. Therefore, administrative resolution is not possible.
The applicant was previously advised that he could apply for an
exception to the time limit imposed and, if approved, would be
entitled to receive the subsistence allowance based upon the Board’s
authority and directive.
A complete copy of the evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Complete copies of the Air Force evaluations were forwarded to the
applicant on 31 May 02 for review and comment within 30 days. As of
this date, this office has received no response.
_________________________________________________________________
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. Sufficient relevant evidence has been presented to demonstrate
the existence of error or injustice to warrant granting the applicant
subsistence allowance for his internment as a POW. The FY97 NDAA
designated those members interned in Siberia as eligible for the POW
Medal and a $2.50 daily subsistence allowance. Eligible individuals
were required to submit an application for this allowance between the
period 1 Oct 96 through 30 Sep 97. Since the applicant’s status as a
POW interned in Siberia from 18 Nov 44 – 26 May 45 has been verified,
his eligibility for POW subsistence pay is not disputed. Informed
people would not knowingly deprive themselves of a benefit to which
they are entitled. Therefore, we find it reasonable to conclude that,
had the applicant known of his eligibility and the requirement to file
a request within a specified period, he would have submitted his
appeal in a timely manner. In view of the above, we 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 on 29 September 1997,
under the provisions of the Fiscal Year 1997 National Defense
Authorization Act, he requested a $2.50 daily subsistence allowance
for internment in Siberia as a Prisoner of War from 18 November 1944
to 26 May 1945 and competent authority approved his request.
_________________________________________________________________
All members voted to correct the records, as recommended. The
following members of the Board considered this application in
Executive Session on 24 July 2002 under the provisions of AFI 36-2603:
Mr. Roscoe Hinton, Jr., Panel Chair
Mr. John E. B. Smith, Member
Mr. James W. Russell III, Member
The following documentary evidence relating to AFBCMR Docket Number 02-
00974 was considered:
Exhibit A. DD Form 149, dated 25 Feb 01 (received 19 Mar 02),
w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPW, dated 19 Apr 02.
Exhibit D. Letter, DFAS-POCC/DE, dated 17 May 02.
Exhibit D. Letter, SAF/MRBR, dated 31 May 02.
ROSCOE HINTON, JR.
Panel Chair
AFBCMR 02-00974
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:
The pertinent military records of the Department of the Air
Force relating to , be corrected to show that on 29 September
1997, under the provisions of the Fiscal Year 1997 National Defense
Authorization Act, he requested a $2.50 daily subsistence allowance
for internment in Siberia as a Prisoner of War from 18 November 1944
to 26 May 1945 and competent authority approved his request.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
In support of his request, the applicant submits a personal statement and copies of his internment papers, dated 20 Jun 44, showing his grade as sergeant, Special Orders #121, dated 1 Dec 44, showing his grade at release from Sweden as private, his WD AGO Form 53-55 (Enlisted Report and Report of Separation) and his discharge certificate (Exhibit A). The relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letters prepared...
In support of his request, the applicant submits a personal statement and copies of his internment papers, dated 20 Jun 44, showing his grade as sergeant, Special Orders #121, dated 1 Dec 44, showing his grade at release from Sweden as private, his WD AGO Form 53-55 (Enlisted Report and Report of Separation) and his discharge certificate (Exhibit A). The relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letters prepared...
AF | BCMR | CY2003 | BC-2003-01285
In his rebuttal (Exhibit E), the applicant requests his WD AGO Form 100, Separation Qualification Record, reflect “13 May 45” rather than “2 May 45” in Item 13; his WD AGO Form 53-55, Report of Separation, be corrected to show in Item 7 a date of separation of 12 Oct 45, rather than 12 Nov 45, and in Item 34 that he received flack wounds in his left foot and thigh and frostbite in both feet; and the DD From 215, Correction to DD Form 214, amending his record to reflect receipt of the POW...
The total agreement payment amount is divided by the total length of the agreement in days (360 days per year) to arrive at a “daily rate.” This daily rate is then multiplied by the number of days served under the agreement to arrive at the amount of ACP the member has “earned.” Based on the “daily rate,” members receive the annual payment at the beginning of the agreement year with the member “earning” the payment over the course of the year. A complete copy of the DFAS-POCC/DE evaluation...
AF | BCMR | CY2003 | BC-2002-03799
_________________________________________________________________ STATEMENT OF FACTS: Applicant's available military personnel records indicate that he was appointed a second lieutenant, Army of the United States (Air Corps) and entered on active duty on 3 Nov 43. Holland was neutral. SAF/GCI indicated that the instant case involves Holland, a belligerent country, that was occupied by enemy forces at the time of the applicant’s internment.
AF | BCMR | CY2004 | BC-2003-03664
_________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPW recommends denial of POW status or the POW medal because the applicant was an internee in Sweden and, by definition, was not a POW. A complete copy of the evaluation, with attachments, is at Exhibit C. HQ AFPC/DPPPR recommends denial of the PH medal because there is no evidence in the applicant’s military personnel record demonstrating he was injured as a direct result of enemy action, and...
DPPPWB further states the Air Force, after 56 years and limited records, cannot determine if the applicant should have been promoted earlier than he was. Therefore based on the rationale provided they recommend denying the applicant’s request (Exhibit D). He further states that he was promoted at the time of his discharge and the promotion was not affiliated with his flying years, the practice at that time was to promote each enlisted man one grade at time of discharge (Exhibit F).
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-01851 INDEX CODE: 130.00 COUNSEL: NO HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Prisoner of War (POW) medal for his time as prisoner of war during WWII. He was given POW status; however, he has not been given the medal. _________________________________________________________________ AIR FORCE...
AF | BCMR | CY2002 | BC-2002-02533
In the case of World War II decorations, 3 May 51 was established as the cut-off date for submission of recommendations for decorations for acts or achievements during this time period. The applicant’s records showed that he completed only 14 flights, which led to award of two Air Medals for completion of five missions for each Air Medal, and shot down two enemy aircraft, which led to award of two more Air Medals. _________________________________________________________________ THE BOARD...
AF | BCMR | CY2010 | BC-2010-01883
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01883 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Prisoner of War (POW) Medal. POW status to internees in Switzerland requires the Secretary of the Air Force to determine that Swiss officials were acting on behalf of a foreign armed force hostile to the United States during World...