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AF | BCMR | CY2006 | BC-2006-02842
Original file (BC-2006-02842.doc) Auto-classification: Denied

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).

_________________________________________________________________

APPLICANT CONTENDS THAT:

Her late husband was a POW.

In support of her request, the applicant provided a copy of  her  late
husband’s DD Form 214, Letter from the Army Board  for  Correction  of
Military Records, Marriage Certificate and Death Certificate.

Applicant's complete submission, with an attachments, is  attached  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The servicemember’s military records were destroyed in the  1973  fire
at the National Personnel Records Center (NPRC).

The available records reflect the servicemember served on active  duty
in the Air Corps (AC) of the Army of the United States (AUS)  from  29
October 1941 through 23 October 1945.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPFC recommends the requested relief be denied.  AFPC/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  National  Archives  does  not   have   the
servicemember listed as a  POW  in  their  Records  of  World  War  II
Prisoners of War, 1942-1947.  The Army Repatriation and Family Affairs
Division do not list the servicemember as POW in their database.

AFPC/DPFC evaluation, with attachments, is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 3
November 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 an error or  an  injustice.   We  took  note  of  the
documentation the applicant provided and her  late  husband’s  limited
military records in  support  of  her  request  to  have  his  records
corrected to reflect  he  was  a  POW.   The  servicemember’s  limited
military records do not indicate he was ever forcibly detained by  the
enemy.   The  applicant  did  not   provide   any   documentation   to
substantiate  her  request  for  POW  status  for  her  late  husband.
Furthermore, the National Archives and Army  Repatriation  and  Family
Affairs Division do not have the servicemember listed 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
servicemember was forcibly detained by the enemy as a POW, 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 24 January 2007 under the provisions of  AFI  36-
2603:

                 Ms. Charlene M. Bradley, Panel Chair
                 Ms. Janet I. Hassan, Member
                 Ms. Barbara R. Murray, Member

The following documentary evidence pertaining to AFBCMR Docket  Number
BC-2006-02842 was considered:

      Exhibit A. DD Form 149, dated 27 Oct 05, w/atchs.
      Exhibit B. Master Personnel Records.
      Exhibit C. Letter, AFPC/DPFC, dated 1 Nov 06, w/atchs.
      Exhibit D. Letter, SAF/MRBR, dated 3 Nov 06.




                             CHARLENE M. BRADLEY
                             Panel Chair

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