RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBERS:  BC-2003-03664
                       INDEX CODE 130.00  107.00
                       COUNSEL:  None

                       HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His military records reflect he was a prisoner of war (POW) from 2 Apr
45 to 25 Jun 45 and received the Purple Heart (PH)  medal  for  wounds
sustained during World War II (WWII).

_________________________________________________________________

APPLICANT CONTENDS THAT:

His POW status and wounds sustained on the left side of his face, left
shoulder, and right  hand  were  not  recorded  at  the  time  of  his
separation.

The applicant’s complete submission, with attachment, is at Exhibit A.


_________________________________________________________________

STATEMENT OF FACTS:

Title 38, Section 101(32) (Exhibit C) defines “former 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 agents, or a hostile force, during a period of  war;
or (B) by a foreign government or its  agents,  or  a  hostile  force,
under circumstance which the Secretary finds to have  been  comparable
to the circumstance under which persons have generally  been  forcibly
detained or interned by enemy governments during periods of war.

Department of Defense (DOD) Joint Publication 1-02 (as amended through
5 Sep 03 - Exhibit C), defines POW as a detained person as defined  in
Articles 4 and 5 of the Geneva Convention Relative to the Treatment of
POWs of 12 Aug 49; in particular, one who,  while  engaged  in  combat
under orders of his government, is captured by the armed forces of the
enemy. An internee, on the other hand, is a member definitely known to
have been taken into the custody of a nonbelligerent foreign power  as
a result of and for reasons arising out of any armed conflict in which
the Armed Forces of the United States are engaged.

The applicant was inducted on 9 Feb 43 and entered active duty in  the
Army Air Corps on 16 Feb 43. He was deployed as an  aerial  gunner  to
the European Theater of Operations (ETO), arriving on 10 Mar 45.

Around 2 Apr 45, the applicant was listed as  missing  in  action.   A
9 Apr 45 letter from the War  Department  to  the  applicant’s  father
advised that the applicant was interned in a neutral country  (Sweden)
and was slightly wounded. [The available records contain no additional
information.] He was returned to military custody on  25  Jun  45  and
returned to the United States on 25 Jul 45.

On 31 Oct 45, he was honorably discharged in  the  grade  of  sergeant
with 2 years, 8 months, and 16 days of active service.  His  discharge
document indicates in Section 55 (Remarks) that he was an internee  in
Sweden during the period 2 Apr-25 Jun 45; however, Section 34  (Wounds
Received in Action) indicates no wounds were sustained in action.

On  9  May  89,  HQ  AFMPC/DPMASA  at  Randolph  AFB  disapproved  the
applicant’s request for the POW medal. In their cover  letter  to  the
applicant, AFMPC advised that, under the provisions of Public Law  99-
145, the POW medal is only  awarded  to  individuals  who  were  taken
prisoner and held captive while engaged in military operations with an
opposing enemy force. AFMPC based its determination on the  provisions
of Department  of  Defense  (DOD)  policy,  and  explained  they  were
required to apply the same stringent criteria to individuals who  were
detained in other countries such  as  [Sweden,]  Switzerland,  Russia,
Turkey,  Spain  and  Portugal.  Further,  the  statute  the  applicant
apparently mentioned in his application, Public Law 100-322, pertained
to the definition of a POW for Veterans Administration  purposes,  and
did not affect the eligibility criteria for the POW medal as  outlined
in Public Law 99-145 and the DOD implementing guidance.

The applicant originally filed his 17 Sep  03  appeal  with  the  Army
Review Boards Agency; on 9 Oct 03, he was advised  to  file  with  the
AFBCMR.

On  23  Jan  04,  HQ AFPC/DPPPRA  requested  the   applicant   provide
information and documentation detailing the date he received  a  wound
or injury, how it was incurred as a result of enemy  action,  and  any
medical treatment he may have received. However, the applicant did not
respond.

According to HQ AFPC/DPW (Exhibit C), the applicant is not  listed  on
the Army Repatriation and Family Affairs Division POW database.

_________________________________________________________________

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 since he  did  not
provide the documentation they requested, they are unable to determine
his entitlement to that award.

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 26 Mar 04 for review and comment within 30 days.   As  of
this date, this office has received no response.

On 7 Apr 04, the AFBCMR Staff forwarded legal opinions  on  two  cases
similar to the applicant’s. The legal opinions discuss the differences
between internees and POWs and the  similar  AFBCMR  cases  that  were
subsequently denied. The applicant was  given  15  days  in  which  to
provide comments and or additional documentation.  As  of  this  date,
this office has received no response.

Complete copies of the AFBCMR cover letter, with  the  legal  opinions
and sanitized Records of Proceedings (ROPs), are at Exhibit F.

_________________________________________________________________

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. After a thorough  review  of  the
available record and the applicant’s submission, we are not  persuaded
he should be awarded the PH or POW status.  The applicant was interned
in the neutral country of Sweden on 2 Apr 45, and returned to military
custody on 25 Jun 45. Sweden was a neutral country and not an enemy of
the  United  States  during  WWII.   According  to  HQ  AFPC/DPW,  the
applicant is not listed on the Army Repatriation  and  Family  Affairs
Division POW database. Based on Title 38, Section   101(32),  and  DOD
Joint Publication  1-02, the  applicant  has  not  made  his  case  to
support reclassification as a POW. While the 1945 letter to his father
indicated he was slightly wounded,  the  applicant’s  records  do  not
indicate how or  by  whom.  Despite  being  invited  to  provide  more
evidentiary details regarding the circumstances of  his  wounding,  he
did not respond. As a result,  the  applicant  has  not  shown  he  is
eligible for the PH for having sustained an injury as a direct  result
of enemy action. 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 not established  his  claims  for  POW
status and the PH. In view of the above and absent persuasive evidence
to the contrary, we find no compelling basis to recommend granting the
relief sought.

_________________________________________________________________

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  this  application  in
Executive Session on 18 May 2004 under the provisions of AFI 36-2603:

                 Ms. Brenda L. Romine, Panel Chair
                 Ms. Cheryl V. Jacobson, Member
                 Ms. Carolyn B. Willis, Member

The following documentary evidence relating to AFBCMR Docket Number BC-
2003-03664 was considered:

   Exhibit A.  DD Form 149, dated 17 Sep 03, w/atchs.
   Exhibit B.  Applicant's Available Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPW, dated 22 Dec 03, w/atchs
   Exhibit D.  Letter, HQ AFPC/DPPPR, dated 22 Mar 04.
   Exhibit E.  Letter, SAF/MRBR, dated 26 Mar 04.
   Exhibit F.  Letter, AFBCMR, dated 7 Apr 04, w/atchs.




                                   BRENDA L. ROMINE
                                   Panel Chair