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.
_________________________________________________________________
APPLICANT CONTENDS THAT:
In 1944, while serving in the Army Air Corps, he crash landed his B-17 in
Switzerland and was interned from 9 December 1944 through 6 January 1945.
In support of his appeal, applicant submits a copy of a letter from the
Switzerland’s State General verifying applicant’s internment status, a copy
of his membership certificate of the Swiss Internees Association, and a
copy and the narrative summary with proposed citation for the award of the
Distinguished Flying Cross.
The applicant’s submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant entered active service in the Army Air Corps as a pilot on
23 October 1944. He departed for the European Theater of Operations (ETO)
on 23 October 1944. He was interned in Switzerland from 9 December 1944 to
6 January 1945. He departed the ETO on 24 February 1945 and arrived in the
Continental US on 12 March 1945. He was honorably discharged on 3 October
1945 in the grade of first lieutenant with 11 months and 11 days of
continental service and 4 months and 19 days of foreign service. His WD
AGO Form 53-55, Enlisted Record and Report of Separation, reflects that he
participated in the Rome-Arno and Rhineland campaigns. His decorations
include the Distinguished Flying Cross, Air Medal with 1 oak leaf cluster,
European African Middle Eastern Ribbon (EAME) with 2 bronze stars.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPF recommends the application be denied. DPF states that the AFPC/JA
review of pertinent statutes, DoD instruction and written precedent clearly
indicates that the medal should not be issued to military members held by
nonbelligerents. In addition, DPF states that the applicant is not listed
on the Army Repatriation and Family Affairs Division's POW database. The
AFPC/DPF evaluation, with attachments, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 23 July 2004, a copy of the Air Force evaluation was forwarded to the
applicant for review and comment. 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. We took notice of the applicant’s
contention that his status as an internee be changed to prisoner of war
while interned in Switzerland. The United States recognized Switzerland as
a neutral country and not an enemy during World War II. Under long-
standing customary international law, and provisions of the Swiss
Constitution, Switzerland is a permanently neutral country, consistently
and uniformly recognized as such by all nation’s. Furthermore, the
pertinent provisions of the Geneva Convention do not support a conclusion
that internees have the same status as prisoners of war under international
law. Contrary to the applicant’s contention, we are compelled to abide by
the Geneva Convention and international law pertaining to neutral nations,
and established U.S. foreign policy. The personal sacrifice the applicant
endured for his country is noted and the recommendation to deny the
requested relief in no way diminishes the high regard we have for his
service; however, the applicant’s request cannot be favorably considered.
_________________________________________________________________
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 No. 04-01631 in
Executive Session on 15 September 2004, under the provisions of AFI 36-
2603:
Mr. Laurence M. Groner, Panel Chair
Ms. Jean A. Reynolds, Member
Ms. Carolyn B. Willis, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, 4 May 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPF, dated 20 Jul 04.
Exhibit E. Letter, SAF/MRBR, dated 23 Jul 04.
LAURENCE M. GRONER
Panel Chair
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