RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-00557
INDEX CODE: 130.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect his status as a Prisoner of War
(POW) and he be awarded the POW Medal.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was a POW from 20 Jun 44 to 30 Oct 44.
In support of his appeal, the applicant provided a statement from the
Army Review Boards Agency and congressional correspondence.
Applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant’s available military personnel records indicate he enlisted
in the Army of the United States (Army Air Force) on 26 Oct 42.
On 20 Jun 44, the applicant was a crewmember of a B-24 bomber which
participated in a bombardment mission to Politz, Germany. The bomber
sustained damage from enemy anti-aircraft fire. A radio message was
received from the crew of the plane which stated it was going to
Sweden. Casualty reports in the applicant’s records indicate he was
interned in a neutral country from 20 Jun 44 to 30 Oct 44.
On 25 Aug 45, he was honorably discharged on 25 Aug 45 under the
provisions of AR 615 365 (Demobilization).
Applicant was appointed a first lieutenant, United States Army Reserve
(Dental Corps) on 25 Sep 51 and was ordered to extended active duty on
8 Oct 51. He was honorably discharged from all appointments on 29 May
54. He was credited with 5 years, 6 months, and 11 days of total
active service.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPF indicated that based on the law, governing directives, and HQ
AFPC/JA legal review, they recommend denial.
A complete copy of the AFPC/DPF evaluation, with attachments, is at
Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on 23
Jul 04 for review and response. As of this date, no response has been
received by this office (Exhibit D).
Copies of the memoranda from the Office of the General Counsel were
provided to applicant on 5 Oct 04 for review and response. As of this
date, no response has been received by this office (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 error or injustice. The applicant's complete
submission was thoroughly reviewed and his contentions were duly
noted. However, we do not find the applicant’s assertions and the
documentation provided in support of his appeal sufficiently
persuasive to override the rationale provided by the Air Force office
of primary responsibility (OPR), which included an attached legal
review from AFPC/JA. In our view, the intent of the governing statute
was not to provide blanket recognition of all internees as POWs, but
to award the POW Medal to those individuals taken prisoner by foreign
armed forces that are hostile to the United States, and whose
circumstances have been determined to be comparable to those under
which persons have generally been held captive by enemy armed forces
during periods of armed conflict. Therefore, we agree with the
recommendation of the OPR and adopt the rationale provided by AFPC/JA
as the basis for our decision that the applicant has failed to sustain
his burden of establishing he has suffered either an error or an
injustice. Accordingly, we find no compelling basis to recommend
granting the relief sought in this application. However, if the
applicant were to provide additional documentation showing his
circumstances as an internee were comparable to those individuals
interned in the German POW camps, we would be inclined to reconsider
his application.
_________________________________________________________________
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 Number BC-
2004-00557 in Executive Session on 4 Nov 04, under the provisions of
AFI 36-2603:
Mr. Robert S. Boyd, Panel Chair
Mr. Garry G. Sauner, Member
Ms. Carolyn B. Willis, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 Feb 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPF, dated 20 Jul 04, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 23 Jul 04.
Exhibit E. Letter, AFBCMR, dated 5 Oct 04, w/atchs.
ROBERT S. BOYD
Panel Chair
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