RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-01927
INDEX CODE: 107.00
LOUIS S. BECKETT (DEC) COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her now deceased husband’s records be corrected to show he was a
prisoner-of-war- (POW) and that he be awarded the POW Medal.
_________________________________________________________________
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.
In support of her appeal, the applicant has provided copies of his
death certificate and pertinent parts of his military service record.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
He served on active duty during the period 21 August 1943 to
23 September 1945. On 29 April 1944, he flew a combat mission in the
European Theater of Operations and was shot down. He was interned in
Sweden until he was returned to military control on 25 October 1944.
The applicant is not listed on the Army Repatriation and Family
Affairs Division POW database as he was a part of the Army Air Corps.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPFC contends his military service record shows he was an
internee in a neutral country and not a POW. Further, since the enemy
never captured him, he was never a POW as defined in Title 38, Section
101 (32). Therefore, DPFC recommends he not be given the status of a
POW and he not be awarded the POW Medal.
DPFC’s complete evaluation, with attachments, is at Exhibit B.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
14 July 2006 for review and comment within 30 days. As of this date,
this office has received no response.
_________________________________________________________________
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;
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 Air Force was able to verify from the
available record the applicant was shot down while flying a combat
mission in the European Theater of Operations and consequently
interred in Sweden, a neutral country. However, since he was never
captured and held by the enemy, he was not considered a POW.
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 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-
2006-01927 in Executive Session on 6 September 2006, under the
provisions of AFI 36-2603:
Mr. Thomas S. Markiewicz, Chair
Ms. Patricia J. Zarodkiewicz, Member
Ms. Dorothy P. Loeb, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 31 May 06, w/atchs.
Exhibit B. Letter, AFPC/DPFC, dated 10 Jul 06, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 14 Jul 06.
THOMAS S. MARKIEWICZ
Chair
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