RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-02068
INDEX CODE: 107.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart Medal (PHM), and the (POW) prisoner-of-
war medal; therefore, his POW status must be reviewed.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Applicant contends he was shot down over Germany and crash landed in
Southern Sweden on or about 20 May 1944 and was interned in Sweden
while receiving medical treatment there.
In support of his appeal, the applicant has provided copies of his DD
Form 214, Report of Transfer or Discharge, a War Department memo dated
6 August 1943, two letters to his parents describing his status, a War
Department Battle Casualty Report, a WD WGO Form 53-96, Military
Record and Report of Separation, and a letter from Senator John McCain
in reference to his DD 149 application.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant served on active duty during the period of 2 October 1943 to
22 November 1944. On or about 20 May 1944, he flew one combat mission
as a Bombardier in the European Theatre of Operations. He was shot
down on his first mission and was interned in Sweden until he was
returned to military control on 23 October 1944. He continued to
serve in the Air Force Reserve and subsequently retired on 31 March
1970. He was serving in the Reserve grade of Lieutenant Colonel at
the time of his retirement and had served 21 years, 10 months, 10
Days.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPFC cites Title 38, United States Code (U.S.C.) Section 101
wherein it describes a former POW as “a person who, while serving in
the active military, naval, or air service, was forcibly detained or
interned in the line of duty (A) by an enemy government or its agents,
or a hostile force, during a period of war; or (B) by a foreign
government or its agents, or a hostile force, under circumstance which
the Secretary finds to have been comparable to the circumstance under
which persons have generally been forcibly detained or interned by
enemy governments during periods of war.”
In contrast, “interned” is defined as “the casualty is definitely
known to have been taken into custody of a non-belligerent foreign
power as a result of and for reasons arising out of any armed conflict
in which the Armed Forces of the United States are engaged.” DPFC
notes the Air Force did not become a separate service until September
1947 and the applicant is not listed on the Army Repatriation and
Family Affairs Division POW database. His personnel record contains
documents that show he was an internee in a neutral country and not a
POW. Since the enemy never captured the applicant he was never a POW
as defined in Title 38, Section 101. Therefore DPFC recommends denial
of POW status.
DPFC’s complete evaluation, with attachments, is at Exhibit C.
HQ AFPC/DPPPRA addresses the applicant’s request for the PHM and the
POW medal. DPPPRA notes the applicant’s WD AGO form 53-96, in Box 30,
contains the term “wounded in action.” Therefore, DPPPRA forwarded
his application to the PHM Board. The PHM Board approved his request
for the PHM and his record is being administratively corrected.
DPPPRA recommends denial of his request for the POW medal however.
DPPPRA notes, as did DPFC above, he is not listed on the Army
Repatriation and Family Affairs Division POW database. Further, his
personnel record contains documents that show he was internee in a
neutral country, was never captured by the enemy and therefore not a
POW.
DPPPRA’s complete evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
16 December 2005 for review and comment within 30 days. As of this
date, no response has been received by this office.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law
or regulations.
2. The application was timely filed.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice. We took notice of the
applicant's complete submission in judging the merits of the case
including the establishment of his eligibility for the Purple Heart
Medal; however, we agree with the opinion and recommendation of the
Air Force office of primary responsibility and adopt its rationale as
the basis for our conclusion that the applicant has not been the
victim of an error or injustice. The law is clear regarding the
difference between a Prisoner of War (POW) and an internee. The
record indicates he was an internee and not a POW. Absent 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 AFBCMR Docket Number BC-
2005-02068 in Executive Session on 16 February 2006, under the
provisions of AFI 36-2603:
Mr. Michael J. Maglio, Panel Chair
Ms. Donna Jonkoff, Member
Ms. Patricia R. Collins, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 3 Jun 05, w/atchs
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPFC, dated 14 Sep 05, w/atchs
Exhibit D. Letter, AFPC/DPPPRA, dated 30 Nov 05
Exhibit E. Letter, SAF/MRBR, dated 16 Dec 05.
MICHAEL J. MAGLIO
Panel Chair
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