RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-03899
INDEX CODE: 107.00
XXXXXXXXXXXXXXX COUNSEL: NONE
XXXXXXXXXXXXXXXX HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 24 MAR 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Prisoner-of-War (POW) Medal.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He believes he is entitled to the POW medal because he was held in
Manila during a coup attempt against the Philippine Government.
In support of his request, the applicant submits a personal statement.
Applicant’s complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant’s records reflect he enlisted in the Air National Guard
on 29 September 1982 and served until 19 April 1984. He then enlisted
in the Regular Air Force on 20 April 1984, was progressively promoted
to the grade of staff sergeant and received an honorable discharge on
20 December 1994, after completion of required active service. He
enlisted in the Air Force Reserves on 21 December 1994 and was
progressively promoted to the grade of senior master sergeant.
In 1989, the applicant participated in a joint exercise in Manila with
the Philippine military. While he was participating in the exercise a
coup attempt was made against the Philippine government in which the
armed rebels seized the hotel at which the applicant was staying. He
and other military members were detained until they were released to
embassy personnel and escorted to the American Embassy. After being
debriefed he was flown by helicopter to Clark Air Base.
The applicant’s records reflect award of the Air Force Commendation
Medal, w/2OLC, the Air Force Achievement Medal with w/1OLC and the Air
Force Good Conduct Medal w/2 Devices.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPFC recommends denial. DPFC states the Department of Defense
Joint Publication 1-02 (as amended through 31 August 2005) (Attachment
2) 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 August 12, 1949. In particular, one who, while
engaged in combat under orders of his government is captured by the
armed forces of the enemy. As such, he or she is entitled to the
combatant’s privilege of immunity from the municipal law of the
capturing state for warlike acts which do not amount to breaches of
the law of armed conflict. For example, a prisoner of war may be, but
is not limited to any person belonging to one of the following
categories who has fallen into the power of the enemy: a member of the
armed forces, organized militia or volunteer corps; a person who
accompanies the armed forces without being a member thereof; a member
of a merchant marine or civilian aircraft crew not qualifying for more
favorable treatment; or individuals who, or approach of the enemy,
spontaneously take up arms to resist the invading forces.” 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.
According to DPFC the applicant was never held captive by an enemy
government or its agents, or a hostile force of the United States
government, during a period of war.
The DPFC evaluation, with attachment, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 3
Feb 06 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 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 the
applicant’s submission and the available evidence of record, the Board
was not persuaded that he should be awarded the Prisoner-of-War Medal.
The Board notes no evidence was presented to show the applicant was
ever held captive by an enemy government or its agents, or a hostile
force of the United States government, during a period of war. We
agree with the opinions and recommendations 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. Therefore, in the absence of 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 a 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 no considered with this application.
_________________________________________________________________
The following members of the Board considered Docket Number BC-2005-
03899 in Executive Session on 19 April 2006, under the provisions of
AFI 36-2603:
Ms. Charlene M. Bradley, Panel Chair
Ms. Jan Mulligan, Member
Mr. Michael J. Novel, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 Dec 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPFC, dated 31 Jan 06, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 3 Feb 06.
CHARLENE M. BRADLEY
Panel Chair
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