RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-00674
INDEX CODE: 107.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 5 SEP 07
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect he was a Prisoner of War (POW).
_________________________________________________________________
APPLICANT CONTENDS THAT:
It was not listed on his DD Form 214.
In support of his request, the applicant provided various letters and
WG AGO 53-98, Certificate of Service.
Applicant's complete submission, with an attachments, is attached at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 3 November 1943, the applicant entered in the Air Corps (AC) of the
Army of the United States (AUS).
On 1 July 1944, the applicant’s family was notified by the Adjutant
General’s Office of the War Department that he was missing in action
(MIA) over Germany since 20 June 1944.
On 14 July 1944, the applicant’s family was notified by the Adjutant
General’s Office of the War Department that he was safe and interned
in Sweden (a neutral country). The applicant was returned to military
control on 7 November 1944.
His WD AGO Form 53-58, Report of Separation reflects he was awarded
the European-African-Middle Eastern Theater Campaign Ribbon and the
Air Medal (AM) with one Oak Leaf Cluster (OLC).
On 8 June 1945, the applicant was honorably discharged. He served one
year, seven months and four days of active service.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPFC recommends the requested relief be denied. DPFC states
Title 38, Section 101 (32) (Attachment 1) defines a “former prisoner
of war” 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 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.”
Per the Department of Defense (DOD) Joint Publication 1-02 (as amended
through 31 August 2005) defines “interned” 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.”
Although the Joint Publication 1-02 definitions are not necessarily
intended to be statements of policy, the definitions are consistent
with the language of the 1919 Geneva Prisoner of War Convention and
other law-of-war treaties.
DPFC further states the applicant’s military records reflect he was an
internee in a neutral country and not a POW. Since the applicant was
never captured by the enemy he was never a POW as defined by Title 38.
A complete copy of the evaluation, with attachments, is attached at
Exhibit C.
AFPC/DPPPR recommends the applicant’s request for the POW medal be
denied. DPPPR states the applicant’s military records reflect he was
an internee in a neutral country and not a POW.
A complete copy of the evaluation, with attachments, is attached at
Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant on
5 May 2006, for review and response 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. We took note of the
documentation the applicant provided and his military personnel
records in support of his request for his records to reflect he was a
Prisoner of War. His aircraft was shot down and he was forced to land
in Sweden. His records do not indicate he was ever forcibly detained
by the enemy. The documentation the applicant provided and his
military personnel records reflect the applicant was an internee in a
neutral country and was returned to military control on 7 November
1944. Furthermore, the Air Force became a separate branch of military
service in September 1947 and the Army Repatriation and Family Affairs
Division POW database does not list the applicant as a POW. While we
are not unmindful or unappreciative of the servicemember’s service to
his Nation, in the absence of evidence substantiating the applicant
met the criteria for award of the POW medal, 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 this application in
Executive Session on 22 June 2006 under the provisions of AFI 36-2603:
Mr. Thomas S. Markiewicz, Chair
Ms. Glenda H. Scheiner, Member
Mr. Alan A. Blomgren, Member
The following documentary evidence pertaining to AFBCMR Docket Number
BC-2006-00674 was considered:
Exhibit A. DD Form 149, dated 24 Feb 06, w/atchs.
Exhibit B. Master Personnel Records.
Exhibit C. Letter, AFPC/DPFC, dated 27 Apr 06, w/atchs.
Exhibit D. Letter, AFPC/DPPPR, dated 2 May 06.
Exhibit E. Letter, SAF/MRBR, dated 5 May 06.
THOMAS S. MARKIEWICS
Chair
AF | BCMR | CY2006 | BC-2005-02068
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. He was shot down on his first mission and was interned in Sweden until he was returned to military...
AF | BCMR | CY2004 | BC-2004-00563
_________________________________________________________________ THE APPLICANT CONTENDS THAT: Based on the Army’s definition of internment as a person interned as a POW or enemy alien, he should be identified as a former POW and receive the POW medal. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPF recommends the application be denied and states, in part, that Title 10, United States Code, Section 101(32), defines “former prisoner of war” as...
AF | BCMR | CY2004 | BC-2003-03664
_________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPW recommends denial of POW status or the POW medal because the applicant was an internee in Sweden and, by definition, was not a POW. A complete copy of the evaluation, with attachments, is at Exhibit C. HQ AFPC/DPPPR recommends denial of the PH medal because there is no evidence in the applicant’s military personnel record demonstrating he was injured as a direct result of enemy action, and...
AF | BCMR | CY2006 | BC-2006-01927
_________________________________________________________________ APPLICANT CONTENDS THAT: On 29 April 1944, he was shot down by enemy aircraft while on a combat mission over Germany and was subsequently interned in Sweden. We took notice of the applicant's complete submission in judging the merits of the case; 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...
AF | BCMR | CY2003 | BC-2002-03799
_________________________________________________________________ STATEMENT OF FACTS: Applicant's available military personnel records indicate that he was appointed a second lieutenant, Army of the United States (Air Corps) and entered on active duty on 3 Nov 43. Holland was neutral. SAF/GCI indicated that the instant case involves Holland, a belligerent country, that was occupied by enemy forces at the time of the applicant’s internment.
AF | BCMR | CY2010 | BC-2010-00736
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00736 COUNSEL: HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her late father be awarded the Prisoner of War (POW) Medal. POW status to internees in Switzerland requires the Secretary of the Air Force to determine that Swiss officials were acting on behalf of a foreign armed force hostile to the United States during...
AF | BCMR | CY2010 | BC-2010-01883
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01883 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Prisoner of War (POW) Medal. POW status to internees in Switzerland requires the Secretary of the Air Force to determine that Swiss officials were acting on behalf of a foreign armed force hostile to the United States during World...
AF | BCMR | CY2007 | BC-2007-00237
The AFPC/DPFC complete evaluation, with attachments, is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A letter from an author on a book of American POWs in Switzerland describes the treatment of Swiss internees and the conditions at the various Swiss camps. After a thorough and careful review of the evidence of record and the applicant's extensive submission, we are not persuaded that the former member’s record...
AF | BCMR | CY2006 | BC-2006-02842
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-02842 INDEX CODE: 107.00 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 24 MARCH 2007 _________________________________________________________________ APPLICANT REQUESTS THAT: Her late husband’s records be corrected to reflect he was a Prisoner of War (POW). _________________________________________________________________ STATEMENT OF FACTS: The...
AF | BCMR | CY2007 | BC-2006-02199
The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant’s DD Form 214, Report of Separation from Active Duty, reflects he entered active duty on 30 October 1951. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPFC recommends denial of the applicant request for POW status.