RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02884
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  21 Mar 07

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APPLICANT REQUESTS THAT:

His records be corrected to reflect he was a prisoner of war (POW) and
he be awarded the POW Medal.

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APPLICANT CONTENDS THAT:

He was missing in action (MIA) and a POW in Germany.  He would like to
have the POW Medal to leave to his family.

In support of his appeal, the applicant  provided  extracts  from  his
records and other documents associated with the matter under review.

Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant’s available military personnel records indicate he  enlisted
in the Regular  Army  (Air  Corps)  on  1 May 41.   He  was  honorably
discharged  on  28  Oct  45  under  the  provisions  of   AR   615-365
(Demobilization).  He was credited with 4 years, 5 months, and 28 days
of active service, of which 4 months and 27 days were foreign service.

The remaining  relevant  facts  pertaining  to  this  application  are
contained in the letter prepared by the appropriate office of the  Air
Force.

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AIR FORCE EVALUATION:

AFPC/DPFC recommended denial noting that Title 38,  Section  101  (32)
defines "former prisoner of war" as "a person who,  while  serving  in
the active military, naval or air service, was  forcibly  detained  or
interned in 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."

Department of Defense Joint Publication 1-02 (as  amended  through  31
August 2005) defines "prisoner  of  war"  "as  a  detained  person  as
defined in Articles 4 and 5 of the Geneva Convention Relative  to  the
Treatment of Prisoners of War of 12 Aug 49.  In particular,  one  who,
while engaged in combat under orders of his government is captured  by
the armed forces of the enemy."  In contrast, "evader" is  defined  as
"any person isolated in  unfriendly  territory  who  eludes  capture."
Although  Joint  Publication  1-02  definitions  are  not  necessarily
intended to be statements of policy, the definitions  nonetheless  are
consistent with the language  of  the  1919  Geneva  Prisoner  of  War
Convention and other law-of-war treaties.

AFPC/DPFC further noted the applicant served on active duty during the
period of 1 May 41 to 28 Oct 45; on or about 16 Jul 44  the  applicant
was on a combat mission when his crew was shot down and  crash  landed
in France.  The crew was met by  the  French  underground  and  evaded
capture until they could safely enter Switzerland.  After  staying  in
Switzerland for two months,  the  applicant  returned  to  France  and
stayed with the French underground until he was returned  to  military
control.  The Air Force did not become a separate branch  of  military
service until Sep 47 and the applicant  is  not  listed  on  the  Army
Repatriation and Family Affairs  Division  POW  database.   Since  the
enemy never captured the applicant, he was never a POW as  defined  in
Title 38, Section 101 (32).

A complete copy of the AFPC/DPFC evaluation, with attachments,  is  at
Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  14
Oct 05 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 20 Dec 05 for review  and  response.   As  of
this date, no response has been received by this office (Exhibit E).

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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  submitted  in  support  of  his   appeal   sufficiently
persuasive that corrective action is  warranted.   We  do  believe  it
should be pointed out that the applicant’s service and  sacrifice  for
his country has not gone unnoticed.  Notwithstanding this, we find  no
evidence which  shows  to  our  satisfaction  the  applicant  met  the
statutory definition of a former POW.  In view of the  foregoing,  and
in the absence of sufficient evidence to the contrary, we  agree  with
the recommendation of the office of primary responsibility  (OPR)  and
conclude  the  applicant  has  failed  to  sustain   his   burden   of
establishing that he has suffered either an  error  or  an  injustice.
Accordingly, we find no compelling basis  to  recommend  granting  the
relief sought in this application.

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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-
2005-02884 in Executive Session on 7 Feb 06, under the  provisions  of
AFI 36-2603:

      Mr. James W. Russell III, Panel Chair
      Ms. Janet I. Hassan, Member
      Mr. James A. Wolffe, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 14 Sep 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPFC, dated 12 Oct 05, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 14 Oct 05.
    Exhibit E.  Letter, AFBCMR, dated 20 Dec 05, w/atchs.




                                   JAMES W. RUSSELL III
                                   Panel Chair