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.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Some of the crew members of his B-17 received the POW medal and some did
not. He was given POW status; however, he has not been given the medal.
He recently found out through a service officer that it was possible to
correct his military record.
In support of his appeal, applicant submits a personal statement, a copy of
a letter from the Switzerland’s State General verifying applicant’s
internment status and a copy of the Veterans Administration Former Prisoner
of War Claims sheet.
The applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant was inducted into the Army Air Corps on 2 February 1943 and
entered active service on 9 February 1943. He departed for the European
Theater of Operations (ETO) on 23 April 1944. He was interned in
Switzerland from 12 July 1944 to 17 February 1945. He departed the ETO on
17 March 1945 and arrived in the Continental US on 25 March 1945. He was
honorably discharged on 28 October 1945 in the grade of technical sergeant
(TSgt) with 1 year, 9 months and 18 days of continental service and 11
months and 3 days of foreign service. His WD AGO Form 53-55, Enlisted
Record and Report of Separation, reflects that he participated in the Air
Offensive in Europe and in the Northern France and Rhineland campaigns.
His decorations include the Good Conduct Medal, European African Middle
Eastern Ribbon (EAME) with 3 bronze stars, World War II Victory Medal and
the American Theater Ribbon.
On 27 September 1993, Air Force officials responded to the applicant’s
request for awards earned during WWII and for the Prisoner of War Medal.
He was advised that his records revealed he was interned in Switzerland, a
neutral country, and, as such, the determination was made that he is not
eligible for the award of the POW medal.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPW was not able to verify that the applicant was a POW; however he
was interned in Switzerland from 12 July 1944 to 17 February 1945.
AFPC/DPW evaluation is at Exhibit C.
AFPC/DPPPR recommends the application be denied. DPPPR states that since
the applicant was interned in Switzerland, a neutral country during WWII,
he cannot be considered a POW. DPPPR further states that although the VA
has afforded him POW status, the VA criteria are separate and distinct from
the military criteria.
AFPC/DPPPR evaluation, with attachments, is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Complete copies of the Air Force evaluations were forwarded to the
applicant on 26 July 2002 for review and comment. 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. Insufficient relevant evidence has been presented to demonstrate the
existence of error or injustice in the continued application of the
applicant’s World War II status as “Internee.” While the applicant may
have been afforded POW status by the DVA, the DVA is a separate Federal
agency operating under its own rules and regulations. As such, decisions
by the DVA are not binding on the Department of Defense. We are aware that
under U.S. foreign policy, Switzerland was recognized as a neutral country
and not an enemy of the United States during World War II. Under long-
standing customary international law, and provisions of the Swiss
Constitution, Switzerland is a permanently neutralized country consistently
and uniformly recognized as such by all nations. Furthermore, the
pertinent provisions of the Geneva Convention do not support a conclusion
that internees have the same status as prisoners of war under international
law. We do not believe that this Board may change such U.S. foreign policy
and firmly established international practice. Contrary to the applicant’s
strong and convincing argument of inappropriate treatment while in the
hands of the Swiss government, we are compelled to abide by the Articles of
the Geneva Convention and international law pertaining to neutral nations,
and established U.S. foreign policy. Therefore, the applicant’s request is
not favorably considered.
_________________________________________________________________
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 No. 02-01851 in
Executive Session on 18 September 2002 and 24 January 2003, under the
provisions of AFI 36-2603:
Mr. Charles E. Bennett, Panel Chair
Mr. Michael V. Barbino, Member
Ms. Kathleen F. Graham, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, 28 April 2001, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPW, dated 11 July 2002.
Exhibit D. Letter, HQ AFPC/DPPPR, dated 19 July 2002,
w/atch.
Exhibit E. Letter, SAF/MRBR, dated 26 July 2002.
CHARLES E. BENNETT
Panel Chair
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