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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