RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

	IN THE MATTER OF:		DOCKET NUMBER: BC-2013-04000

	MEMBER:(DECEASED)		COUNSEL:  NONE
	APPLICANT:			HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

1.  Her late husband’s DD Form 214, Armed Forces of the United 
States Report of Transfer or Discharge, be amended to reflect 
his prisoner of war (POW) status during the Korean conflict.  

2.  His military personnel record be amended to reflect his 
grade as Technical Sergeant, E-6, his highest grade held instead 
of Staff Sergeant, E-5.  

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APPLICANT CONTENDS THAT:

Her late husband’s DD Form 214 does not state his POW status 
during the Korean conflict while he was assigned with the 
Strategic Airlift Command’s (SAC) Office of Special 
Investigations (OSI) from 1952 through 1956.  

Additionally, his retirement grade should be corrected to 
reflect Technical Sergeant.  Based on retirement order dated 
30 April 1968, his grade was amended before he retired on 
1 June 1968.  The record should be changed to read highest grade 
held at and before retirement.  

In support of her request, the applicant provides copies of 
documents extracted from the decedent’s military personnel 
record, a copy of his death certificate, and other supporting 
documents.  

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

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STATEMENT OF FACTS:

Documents in the decedent’s military personnel record indicate 
he was a member of the Army Air Corps, who served from 
8 July 1941 until his release from active duty on 31 May 1968, 
with an honorable characterization of service.  He was retired 
on 1 June 1968.  During his active duty period, he participated 
in the Chinese Communist Forces Spring Offensive from 
22 April 1951 through 8 July 1951 and the United Nations Summer-
Fall Offensive from 9 July 1951 through 27 November 1951 through 
27 November 1951.  Information submitted by the applicant 
reflects the decedent died on 11 October 1972.  

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AIR FORCE EVALUATION:

1.  HQ AFPC/DPFCM recommends denial.  DPFCM states there is no 
evidence to confirm the military member was a POW.  They 
reviewed all POW databases for all conflicts/wars and the 
military member’s name was not in any of them.  Additionally, a 
thorough review of his military personnel record and medical 
record from the National Archives and Records Administration 
(NARA) found no documentation to support his ever being a POW.  

2.  Department of Defense Joint Publication 1-02 (as amended 
through 22 March 2007) defines a prisoner of war “as a detained 
person as defined in 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 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 nonbelligerent 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.”  The eligibility criterion was 
expanded in 1989 to include those individuals serving in any 
capacity with the armed forces, who were taken and held captive 
“by foreign armed forces that are hostile to the United States, 
under circumstances which the Secretary concerned finds to have 
been comparable to those under which persons have been generally 
held captive by enemy armed forces during periods of armed 
conflict.” 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.  

The complete AFPC/DPFCM evaluation is at Exhibit C.

1.  HQ AFPC/DPSOR recommends denial.  DPSOR states that the 
member was retired in the grade of Staff Sergeant (SSgt) the 
grade held at the time of retirement, which complies with 10 
U.S.C. §8961.  No evidence was provided to indicate an error 
exists or an injustice occurred.  At the time of the member's 
retirement, 10 U.S.C. §8961, established a member's retired 
grade as the grade held on date of retirement.  10 U.S.C. §8961 
indicated the following:  Unless entitled to a higher retired 
grade under some other provision  of law, a Regular or Reserve 
of the Air Force who retire other than for physical disability 
retires in the regular or reserve grade that he holds on the 
date of his retirement.  The member retired in the grade of SSgt 
effective 1 June 1968 with 20 years, 10 months, and 6 days of 
Total Active Federal Military Service (TAFMS).  

2.  The member was promoted to the grade of Technical Sergeant 
(TSgt) effective 1 September 1957, and was demoted to the 
temporary grade of SSgt, effective 13 November 1958, as the 
result of disciplinary punishment relating to his failure to go 
to his appointed place of duty.  On 24 March 1960, the member 
was awarded the permanent grade of SSgt, with a date of rank of 
13 November 1958.  Because the member held the grade of SSgt on 
the date of his retirement, his record correctly reflects his 
retired grade as SSgt.  When originally published, his 
retirement order contained erroneous information regarding his 
highest grade held on active duty; however, it was properly 
corrected through the amendment, Special Order AC-13307, dated 
30 Apr 1968.  No evidence was provided by the applicant or found 
in the member's record to indicate the member regained the rank 
of TSgt prior to his retirement.  

The complete AFPC/DPSOR evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the 
applicant for review and comment on 24 January 2014, (Exhibit 
E).  To date, a response has not been received.  

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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 complete submission in judging the merits of 
the case; however, we agree with the opinions and recommendations 
of the Air Force offices of primary responsibility and adopt their 
rationale as the basis for our conclusion that the decedent has 
not been the victim of an error or injustice.  In view of the 
above and in the absence of evidence to the contrary, we find no 
compelling basis to recommend granting the relief sought in this 
application.  

4.  The applicant's case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issue(s) 
involved.  Therefore, the request for a hearing is not favorably 
considered.

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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.

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The following members of the Board considered this application 
in Executive Session on 10 April 2014, under the provisions of 
AFI 36-2603:

		, Panel Chair
		, Member
		, Member

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2013-04000 was considered:

    Exhibit A.  DD Form 149, dated 23 June 2013, w/atchs.
    Exhibit B.  Decedent’s Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPFCM, dated 30 October 2013.
    Exhibit D.  Letter, AFPC/DPSOR, dated 7 November 2013.
    Exhibit E.  Letter, SAF/MRBR, dated 24 January 2014.