RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-02199
INDEX CODE: 107.00
XXXXXXXXXXXXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 24 January 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
His record be corrected to show he was a prisoner-of-war (POW) and he be
awarded the POW Medal.
_______________________________________________________________
APPLICANT CONTENDS THAT:
He was detained by guards at the border of the Congo and Zambia for one day
until the United States Consulate had him released.
In support of his application, the applicant submits a personal statement,
facts about the POW Medal, his Officer Evaluation Report (OER) for the
period 22 August 1967 through 25 July 1968, and three statements of
support.
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. He was progressively
promoted to the grade of colonel (0-6) with a date of rank of 10 August
1972. His OER, closing 25 July 1968, indicates the applicant completed two
30-day tours in the Congo as an Operations Officer and aircraft commander.
On 30 April 1974, the applicant was honorably released from active duty for
voluntary retirement and retired effective 1 May 1974. He served 22 years,
6 months, and 1 day on active duty with 5 years, 6 months, and 16 days of
foreign service.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPFC recommends denial of the applicant request for POW status. DPFC
states Title 38, Section 101 (32), attachment 1, of the United States Code
(USC), defines “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 an 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 circumstances which the Secretary
finds to have been comparable to the circumstances under which persons have
generally been forcibly detained or interned by enemy governments during
periods of war.” Department of Defense Publication 1-02 (as amended
through 14 April 2006) defines “prisoner of war” as a detained person as
defined by 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.” In contrast, “evader” is defined as “any
person isolated in unfriendly territory who elude capture.” It is DPFC’s
opinion that 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.
DPFC states that since the United States was not at war with the Congo or
Zambia, the applicant was never a POW as defined in Title 38, Section 101
(32).
The DPFC evaluation, with attachments, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 4
August 2006, for review and comment within 30 days (Exhibit D).
Subsequently, the applicant temporarily withdrew his application until he
could respond to the Air Force advisory opinion.
On 7 May 2007, the applicant’s widow, responded with notification that her
husband passed away on 19 January 2007 and, requested the Board proceed to
process her husband’s appeal.
Her response, with attachment, is at Exhibit E.
_________________________________________________________________
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 reviewing the evidence of record
and the applicant’s submission, we found no evidence to indicate the
individual is eligible for the award of the POW Medal. Therefore, we agree
with the opinions and recommendations of the Air Force office of primary
responsibility and the Administrative Law Division, and adopt their
rationale as the basis for our conclusion that the applicant has not been
the victim of an error or injustice. The personal sacrifice the applicant
endured for his country is noted and the recommendation to deny the
requested relief in no way diminishes the high regard we have for his
service. Nevertheless, in view of the above, we find no basis to favorably
consider 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 28 June 2007 and 12 October 2007, under the provisions of AFI 36-
2603:
Ms. B. J. White-Olson, Panel Chair
Ms. Mary C. Puckett, Member
Ms. Patricia R. Collins, Member
The following documentary evidence was considered in connection with AFBCMR
Docket Number BC-2006-02199:
Exhibit A. DD Form 149, dated 27 May 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPFC, dated 31 Jul 06.
Exhibit D. Letter, SAF/MRBR, dated 4 Aug 06.
Exhibit E. Applicant’s Rebuttal, dated 7 May 07.
B.J. WHITE-OLSON
Panel Chair
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