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AF | BCMR | CY2004 | BC-2004-01748
Original file (BC-2004-01748.doc) Auto-classification: Denied

                       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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