RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-00563
INDEX NUMBER: 107.00
XXXXXXX COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect he was in a Prisoner-of-War (POW)
status from 20 June 1944 through 26 October 1944, and he be awarded the POW
medal.
_________________________________________________________________
THE APPLICANT CONTENDS THAT:
Based on the Army’s definition of internment as a person interned as a POW
or enemy alien, he should be identified as a former POW and receive the POW
medal.
In support of the appeal, applicant submits a letter from Senator Dole and
the Army Review Boards Agency.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant is a former member of the Army Air Corps who served on active
duty as a B-24, Liberator, aerial gunner from 14 September 1942 to 27
August 1945. During a bombardment mission to Politz, Germany, on 20 June
1944, his aircraft sustained damage and was forced to land in Sweden. From
30 June 1944 to 1 November 1944, he was interned by the Swedish government.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPF recommends the application be denied and states, in part, that
Title 10, United States Code, Section 101(32), defines “former prisoner of
war” 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.” The Army Review
Boards Agency’s definition of internment has been reviewed by AFPC/JA and,
in their opinion, the pertinent statute, Department of Defense (DoD)
instruction and written precedent clearly indicate the POW medal should not
be issued to military members held by nonbelligerents.
The AFPC/DPF evaluation, with attachments, is at Exhibit C.
_________________________________________________________________
APPLICANT’S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the applicant
on 30 July 2004 for review and response within 30 days. However, 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 this respect, we note the term POW
refers to members of the armed forces who are captured and forcibly
detained by enemy or hostile armed forces. An internee is a member taken
into custody of a nonbelligerent foreign power as the result of, and for
reasons arising out of, any armed conflict in which the armed forces of the
United States (U.S.) is engaged. The POW medal is awarded to those members
taken prisoner by foreign armed forces that are hostile to the U.S. under
circumstances which the Secretary concerned finds to have been comparable
to those under which persons have generally been held captive by enemy
forces during periods of armed conflict. Although applicant was held by
the Swedish government during World War II, Sweden was recognized as a
neutral country and not a declared enemy of the United States. The
pertinent provisions of the Geneva Convention do not support a conclusion
that internees have the same status as POWs under international law. The
personal sacrifice applicant endured for his country is noted and our
decision in no way diminishes the high regard we have for his service;
however, 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, we find no basis upon which to recommend
favorable consideration of his requests.
_________________________________________________________________
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 Docket Number BC-2004-00563
in Executive Session on 1 September 2004, under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Chair
Mr. John E. B. Smith, Member
Ms. Kathy L. Boockholdt, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 16 Feb 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPF, dated 22 Jul 04, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 30 Jul 04.
THOMAS S. MARKIEWICZ
Chair
AF | BCMR | CY2006 | BC-2006-00674
On 14 July 1944, the applicant’s family was notified by the Adjutant General’s Office of the War Department that he was safe and interned in Sweden (a neutral country). The documentation the applicant provided and his military personnel records reflect the applicant was an internee in a neutral country and was returned to military control on 7 November 1944. _________________________________________________________________ The following members of the Board considered this application...
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...
AF | BCMR | CY2004 | BC-2004-01631
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-01631 INDEX CODE: 130.00 COUNSEL: NO HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His DD Form 214 be corrected to reflect he was a Prisoner of War (POW) in Switzerland instead of an internee. We took notice of the applicant’s contention that his status as an internee be changed to prisoner of war while interned in...
AF | BCMR | CY2006 | BC-2005-02068
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-02068 INDEX CODE: 107.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Purple Heart Medal (PHM), and the (POW) prisoner-of- war medal; therefore, his POW status must be reviewed. He was shot down on his first mission and was interned in Sweden until he was returned to military...
AF | BCMR | CY2010 | BC-2010-00736
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00736 COUNSEL: HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her late father 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...
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 | 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...
AF | BCMR | CY2009 | BC-2008-02665
In support of his request, applicant provides a copy of his WD AGO Form 53- 55, Enlisted Record and Report of Separation, a list of prisoners at Camp Hunenberg, a copy of an escape attempt military police report and other associated documents pertaining to his internment. The complete AFPC/DPWC evaluation, with attachments, is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant provides the definition of a...
AF | BCMR | CY2010 | BC-2010-04359
After a thorough and careful review of the evidence of record and the applicant's extensive submission, we are not persuaded that his record should be corrected to reflect he was a Prisoner of War (POW) and awarded the POW medal. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance;...
AF | BCMR | CY2004 | BC-2004-01748
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-01748 INDEX CODE: 130.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His DD Form 214 be corrected to reflect he was a Prisoner of War (POW) in Sweden instead of an internee. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPF recommends the application...