RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-02260
INDEX CODE: 107.00; 130.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY COMPLETION DATE: 30 JANUARY 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show he was a prisoner-of-war (POW) and that he
be awarded the POW medal.
_________________________________________________________________
APPLICANT CONTENDS THAT:
During WWII, his squadron was on a mission when their B-17 was shot down
and he was taken prisoner. He was confined from 24 Apr 44 to 25 Nov 44 in
both Adlebotten and Wengen, Switzerland. He escaped on 27 Nov 44 and
returned to active duty.
In support of his application, he submits copies of letters and excerpts
from his military personnel records. The applicant's complete submission,
with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The National Personnel Records Center, St Louis, MO, was unable to locate
the applicant’s military personnel records. As a result, the following is
the only known information pertaining to the applicant’s service and was
extracted from documents provided by him.
It appears the applicant enlisted in the Army Air Corp on 9 Nov 42 and was
honorably discharged on 23 Nov 45 for the convenience of the government. A
Missing Air Crew Report indicates his aircraft was officially reported
missing on 24 Apr 44.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ APC/DPFC recommends denial of the applicant’s request for POW status.
DPFC states it is not possible to grant the relief sought through their
office.
The complete DPFC evaluation, with attachments, is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force Evaluation was forwarded to the applicant for
review and comment on 1 Sep 06. As of this date, this office has received
no response (Exhibit D).
_________________________________________________________________
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. After a review of the applicant’s request by the MRB Legal Advisor, we
have been advised that the authority to determine POW status is outside the
purview of the Board. The legal advisor states the law governing the
criteria for the POW medal requires the service member to be taken prisoner
and held captive and also requires that those holding the service member be
“foreign forces hostile to the United States.” Service members interned by
Switzerland were not held prisoner, but were detained, and even if they
were considered to be imprisoned, the Swiss foreign forces running those
camps were not hostile to the United States within the meaning of the
statute. Therefore, in accordance with the aforementioned information, we
are unable to grant the relief sought in this case.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the authority to determine POW status is
outside the purview of the Board.
_________________________________________________________________
The following members of the Board considered this application in Executive
Session on 24 October 2006 & 7 Feb 07, under the provisions of AFI 36-2603:
Mr. Michael V. Barbino, Panel Chair
Mr. James L. Sommer., Member
Mr. Vance E. Lineberger, Member
The following documentary evidence was considered in AFBCMR Docket Number
BC-2006-02260:
Exhibit A. DD Form 149, dated 30 Sep 05, w/atchs.
Exhibit B. Applicant’s Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPFC, dated 23 Aug 06 w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 1 Sep 06.
Exhibit E. Letter, SAF/MRB Legal Advisor, 5 Dec 06.
MICHAEL V. BARBINO
Panel Chai
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