RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-00237
                                        INDEX CODE:  130.00
    XXXXXXXXXXXXXXXXX             COUNSEL:  NONE
    XXXXXXXXXXXXXXXXX             HEARING DESIRED: NO

MANDATORY CASE COMPLETION DATE:  28 AUGUST 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

The former member’s record be corrected to show he was  a  Prisoner  of  War
(POW) and was awarded the POW medal.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The former member was a captive of Switzerland  from  18  March  1944  to  4
January 1945.  He was in a combat role while flying a  B-17,  and  lost  his
aircraft after being attacked by German fighters.  Testimony from  a  fellow
internee of Camp  Wauwilermoos  demonstrates  that  the  conditions  of  the
former member’s illegal incarceration meet the eligibility requirements  for
the POW medal.

In support of his appeal, applicant submits a personal statement, a copy  of
the former member’s Report of Separation and Certificate of  Service,  Swiss
Archive Internment Record and other associated  documents  relating  to  the
Swiss internment.

The applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant entered active service in the Army Air Corps as a pilot on  12
August 1943.  He departed for the European Theater of  Operations  (ETO)  on
15 October 1943.  He was interned in Switzerland from 11  April  1944  to  1
April 1945. He departed the ETO on  31  January  1945  and  arrived  in  the
Continental US on 1 February 1945.  He was released from active duty  on  17
August 1945 in the grade of first lieutenant with 8 months and  19  days  of
continental service and 1 year, 3 months and 16  days  of  foreign  service.
His  WD  AGO  Form  53-68,  Military  Record  and  Report   of   Separation,
Certificate of Service, reflects that he participated in the  Air  Offensive
over  Europe,  Southern  France,  Germany  and  Normandy   campaigns.    His
decorations include the  Air  Medal  with  3  oak  leaf  clusters,  European
African Middle Eastern Campaign Ribbon (EAME) with 2 bronze  stars  and  the
American Defense Service Medal.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPFC recommends denial.  DPFC  states  that  the  mistreatment  at  the
Wauwilermoos camp did not create a condition in which Switzerland  lost  its
neutrality and became an opposing or foreign  armed  force  hostile  to  the
United States.  Soldiers who endured a similar experience as a  detainee  or
an internee at various camps in Switzerland by itself does not qualify  them
for POW status.  Mistreatment may qualify veterans for VA compensation,  but
it does not qualify them for official POW status on their  military  record.
In addition, DPFC states that the former member is not listed  on  the  Army
Repatriation and Family Affairs  Division's  POW  database.   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.  The complete letter is at Exhibit E.

The applicant states that his grandfather’s case is clearly an exception  in
the context of World War II prisoners of war, meets the intent  of  the  POW
medal  eligibility  regulations  by  virtue  of  his  adverse  treatment  in
conflict with standing orders, the unauthorized  nature  of  his  captivity,
and  the  extraterritorial  allegiance  of  his  captors.   The  applicant’s
complete letter, with attachments, is at Exhibit G.

_________________________________________________________________

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 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 should be corrected to reflect  he
was a Prisoner of War (POW) and awarded the POW medal.  Notwithstanding  the
fact that some internees were mistreated at  the  punishment  camp  and  the
commandant of Wauwilermoos was tried after the war  for  his  misconduct  in
connection with the mistreatment, the mistreatment at the Wauwilermoos  camp
did not create a condition in which  Switzerland  lost  its  neutrality  and
became an opposing or foreign armed force hostile to the United States.   We
are aware that under U.S. foreign policy, Switzerland was  recognized  as  a
neutral country and not an enemy of the United States during World  War  II.
Under long-standing customary  international  law,  and  provisions  of  the
Swiss  Constitution,  Switzerland  is  a  permanently  neutralized   country
consistently and uniformly recognized as such by all nations.   Furthermore,
the  pertinent  provisions  of  the  Geneva  Convention  do  not  support  a
conclusion that internees have the same status as  prisoners  of  war  under
international law.   Contrary  to  the  applicant’s  strong  and  convincing
arguments  and  supported  documentation  of  inappropriate   treatment   of
internees while at Wauwilermoos and notwithstanding the previously  approved
POW medals to World War  II  internees  of  neutral  countries  and  of  the
individual cited in the application, this Board is  compelled  to  abide  by
the Articles of the Geneva Convention and international  law  pertaining  to
neutral nations, and established U.S. foreign policy.   We  are  though,  in
agreement  with  the  applicant’s  plight  to  have  these  American  airmen
recognized who suffered imprisonment in service to their country.   However,
we believe this issue is a matter of policy that should  be  raised  to  the
appropriate level for consideration and possible resolution.   The  personal
sacrifice the former member  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; however, based on  the  rationale  discussed
above we do not believe that changing such matters of  U.S.  foreign  policy
and firmly established international  practice  is  within  our  purview  of
authority.  Therefore, we have no other recourse but to deny  this  request.


_________________________________________________________________

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 Docket  Number  2007-00237  in
Executive Session on 8 May 2007, under the provisions of AFI 36-2603:

             Panel Chair
             Member
             Member

The following documentary evidence  pertaining  to  Docket  Number  BC-2007-
00237 was considered:

    Exhibit A.  DD Form 149, 4 May 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPFC, dated 22 Mar 07, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 30 Mar 07.
    Exhibit E.  Letter, AFBCMR, dated 11 Apr 07, w/atchs
    Exhibit F.  Supporting statement, dated 28 Apr 07.
    Exhibit G.  Letter, Applicant, dated 25 Apr 07, w/atchs.
    Exhibit H.  Letter, Applicant, dated 12 May 07, w/atchs.




                                   Panel Chair


                   AIR FORCE BOARD FOR CORRECTION
                        OF MILITARY RECORDS

               CASE TRANSMITTAL / COORDINATION RECORD


IN THE MATTER OF:                                DOCKET NO:

XXXXXXXXXX                   07-00237
XXXXXXXXXX

ROUTE IN TURN          INITIALS  DATE

1.  CHIEF EXAMINER           ________  _________
    (Coord/Signature)

2.  EXECUTIVE DIRECTOR       ________  _________
    (Coordination)

3.  EXAMINER (DISPATCH)           ________  _________

4.
    (PANEL CHAIR)            ________  _________

5.  AFBCMR (Processing)






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                                   EXAMINER
                                   AIR FORCE BOARD FOR CORRECTION
                                   OF MILITARY RECORDS