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AF | BCMR | CY2004 | BC-2004-01228
Original file (BC-2004-01228.DOC) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01228
            INDEX CODE:  130.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect he was a prisoner-of-war (POW).

_________________________________________________________________

APPLICANT CONTENDS THAT:

Congress authorized that all veterans interned in  Switzerland  during
World War II be awarded POW status.

In support of his appeal, the applicant  provided  extracts  from  his
military personnel records.

Applicant’s complete submission, with attachments, 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 6 Jul 42.

He was interned in Switzerland for nine months after his aircraft  was
shot down and his crew bailed out and fell into Swiss hands.

Applicant was honorably discharged on 15 Oct 45 under  the  provisions
of AR 615 365 (Demobilization).  He  was  credited  with  3  years,  3
months, and 10 days of active service, of which 1 year, 2 months,  and
24 days were foreign service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPF indicated that based on the law, governing directives, and HQ
AFPC/JA legal review, they recommend denial of POW status.

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 9 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 19 Aug 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.  It appears to us 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.

_________________________________________________________________

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-
2004-01228 in Executive Session on 6 Oct 04, under the  provisions  of
AFI 36-2603:

      Mr. Charles E. Bennett, Panel Chair
      Ms. Barbara R. Murray, Member
      Mr. Albert C. Ellett, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 12 Apr 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPF, dated 7 Jul 04, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 9 Jul 04.
    Exhibit E.  Letter, AFBCMR, dated 19 Aug 04, w/atchs.




                                   CHARLES E. BENNETT
                                   Panel Chair


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