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.
_________________________________________________________________
APPLICANT CONTENDS THAT:
POW status was omitted from his discharge records.
In support of his request, applicant submits copies of his DD Form 214, a
letter from a Catholic chaplain and a statement from the Vice Consul of USA
at Stockholm, Sweden. The applicant’s complete submission, with
attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant's military personnel records were destroyed by fire in 1973.
Information extracted from applicant’s submission reveals he was inducted
into the Army Air Corps on 13 April 1943 and entered active service on 20
April 1943. He participated in the European Theater of Operation (ETO)
during the period 30 January 1944 through 27 August 1945. He was interned
in Sweden from approximately 25 August to 7 December 1944. Applicant’s WD
AGO Form 53-55, Enlisted Record and Report of Separation, reveals he
participated in the Normandy, Northern France and Western Europe campaigns;
and, no wounds were received in action. His decorations include the
American Theater Ribbon, European African Middle Eastern (EAME) Ribbon,
with three bronze stars, Air Medal, World War II Victory Medal and the Good
Conduct Medal. On 6 November 1945, he was honorably discharged from the
Army Air Corps. The applicant was serving in the grade of technical
sergeant (E-6) and had completed a total of 1 year, 4 months and 25 days of
continental service and 1 year, 1 month and 29 days of foreign service at
the time of discharge.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPF recommends the application be denied. DPF states that the HQ
AFPC/JA review of pertinent statutes, DoD instruction and written precedent
clearly indicate that the medal should not be issued to military members
held by nonbelligerents. In addition, the applicant is not listed on the
Army Repatriation and Family Affairs Division’s POW database. The HQ
AFPC/DPF evaluation, with attachments, is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On behalf of the applicant, his spouse responded to the advisory opinion
and provided additional documents in support of his appeal.
A complete copy of this response, with copies of the pilot’s flight record
and a document from the Library of Congress archival database, is appended
at Exhibit D.
_________________________________________________________________
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. After a thorough review of applicant’s
submission, we are unpersuaded his record should be corrected to reflect
POW status. The applicant was interned in Sweden in August 1944 and
returned to military custody in December 1944. Sweden was a neutral
country and not an enemy of the United States during WWII. According to HQ
AFPC/DPW, the applicant is not listed on the Army Repatriation and Family
Affairs Division’s POW database. Based on Title 38, Section 101(32), and
DoD Joint Publication 1-02, the applicant has not made his case to support
reclassification as a POW. We, therefore, agree with the recommendations
of the Air Force and adopt the rationale expressed as the basis for our
decision that the applicant has not established his claims for POW status.
In view of the above and absent persuasive evidence to the contrary, 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 Docket Number BC-2004-01748
in Executive Session on 30 September 2004, under the provisions of AFI 36-
2603:
Mr. Edward H. Parker, Panel Chair
Ms. Deborah A. Erickson, Member
Ms. Janet I. Hassan, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 Apr 04, w/atchs.
Exhibit B. Letter, HQ AFPC/DPF, dated 22 Jul 04, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 30 Jul 04.
EDWARD H. PARKER
Panel Chair
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