RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-02665
INDEX CODE: 130.00
Xxxxxxxxxxxx COUNSEL: NO
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect he was a Prisoner of War (POW) in
Switzerland instead of an internee.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was kept in three camps in Switzerland. When he tried to escape from
one of the camps, he was put in a punishment camp in Hunenberg,
Switzerland. He was a prisoner and was harshly punished for his attempt to
escape.
In support of his request, applicant provides a copy of his WD AGO Form 53-
55, Enlisted Record and Report of Separation, a list of prisoners at Camp
Hunenberg, a copy of an escape attempt military police report and other
associated documents pertaining to his 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 radio
operator mechanic gunner on 19 Sep 42. He was interned in Switzerland from
8 Jun 44 to 24 Mar 45. He was honorably discharged on 3 Oct 45 in the
grade of master sergeant with 1 year, 8 months and 12 days of continental
service and 1 year, 5 months and 14 days of foreign service. His WD AGO
Form 53-55, reflects that he participated in the Air Offensive Europe
campaign. His decorations include the Air Medal with three Oak Leaf
Clusters, European African Middle Eastern Ribbon (EAME) with one bronze
star, American Theater Service Ribbon and the Good Conduct Service Ribbon.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPWC recommends denial. DPWC states that the Department of Defense
Joint Publication 1-02 defines "POW" as a detained person as defined in
Articles 4 and 5 of the Geneva Convention Relative to the Treatment of
Prisoner of War of August 12, 1949. In particular, one who, while engaged
in combat under orders of his or her government, is captured by the armed
forces of the "enemy." In contrast, "interned" is defined 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." DPWC
states that there is understanding that some internees were mistreated at
the punishment camps; however, the mistreatment at punishment camps did not
create a condition in which Switzerland lost its neutrality and became an
opposing or foreign armed force hostile to the United States. The
complete AFPC/DPWC evaluation, with attachments, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant provides the definition of a former POW as defined by Title
38 U.S.C. He states his decision to go through this process was to change
his category at the Veteran Affairs Medical Center. The applicant's
complete letter 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. We took notice of the applicant’s
contention that his status as an internee should be changed to a prisoner
of war status while he was interned in Switzerland. However, the United
States recognized Switzerland as a neutral country and not as an enemy
during World War II. Under long-standing customary international law, and
provisions of the Swiss Constitution, Switzerland is a permanently neutral
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 contention, we
are compelled to abide by the Geneva Convention and international law
pertaining to neutral nations, and established U.S. foreign policy. The
personal sacrifice the applicant endured for his country is noted and our
recommendation to deny the requested relief in no way diminishes the high
regard we have for his service; however, based on the evidence presented,
favorable consideration of the applicant’s request is not warranted.
_________________________________________________________________
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 BC-2008-02665
in Executive Session on 5 Nov 08, under the provisions of AFI 36-2603:
Ms. Charlene M. Bradley, Panel Chair
Mr. Garry G. Sauner, Member
Mrs. Lea Gallogly, Member
The following documentary evidence pertaining to Docket Number BC-2008-
02665 was considered:
Exhibit A. DD Form 149, dated 24 Oct 07, w/atchs.
Exhibit B. Letter, HQ AFPC/DPWC, dated 9 Sep 08, w/atch.
Exhibit C. Letter, SAF/MRBR, dated 19 Sep 08.
Exhibit D. Letter, Applicant, dated 8 Oct 08.
CHARLENE M. BRADLEY
Panel Chair
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