RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBERS:  02-00974
		INDEX CODE 130.00 128.14
	 	COUNSEL:  None

	 	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

He be given subsistence allowance in conjunction with the award of the Prisoner of War (POW) medal for his internment in Siberia for the period 18 Nov 44 – 26 May 45.

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APPLICANT CONTENDS THAT:

Only last year did he learn that crewmates had received compensation for their POW status. 

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

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STATEMENT OF FACTS:

The applicant enlisted in the Army Air Corps and entered active duty on 23 Apr 43. He was a B-24 gunner stationed with the 404th Bombardment Squadron, 25th Bomber Wing in the Aleutians.  Following a combat mission over the Kurile Islands, he was declared missing in action on 18 Nov 44. He was interned in Siberia and released on 26 May 45.  He returned to the US on 1 Jun 45 and honorably discharged on 7 Dec 45 in the grade of sergeant. He had 2 years, 7 months and 16 days of active service.

On 25 Feb 01, the applicant submitted his appeal to the Army Board for Correction of Military Records, who in turn forwarded the case to the Air Force for processing on 11 Mar 02.  

In the interim, the Defense Finance and Accounting Service (DFAS) informed the applicant’s Representative on 15 Feb 02 that the Fiscal Year 1997 National Defense Authorization Act (FY97 NDAA) designated those members interned in Siberia as eligible for the POW Medal and a $2.50 daily subsistence allowance. Further, members were required to submit an individual application requesting this allowance between the period 1 Oct 96 through 30 Sep 97.  DFAS advised they did not have the authority to waive the provisions of the law or to make exceptions to the time limit imposed.  

On 25 Apr 02, HQ AFPC/DPPRSP advised the applicant that his WD AGO Form 53-55, Enlistment Record and Report of Separation, Honorable Discharge, was administratively corrected to reflect his POW status from 18 Nov 44 – 26 May 45 and award of the POW Medal and Distinguished Unit Citation.

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AIR FORCE EVALUATION:

HQ AFPC/DPW verified the applicant’s POW status from 18 Nov 45 to 31 [sic] May 45.

A complete copy of the evaluation is at Exhibit C.

DFAS-POCC/DE explained that the applicant’s request was not submitted within the 1 Oct 96-30 Sep 97 time period. They have no authority to waive the provisions of the law or to make exceptions to the time limit imposed. Therefore, administrative resolution is not possible.  The applicant was previously advised that he could apply for an exception to the time limit imposed and, if approved, would be entitled to receive the subsistence allowance based upon the Board’s authority and directive. 

A complete copy of the evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Complete copies of the Air Force evaluations were forwarded to the applicant on 31 May 02 for review and comment within 30 days.  As of this date, this office has received no response. 

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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.	Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice to warrant granting the applicant subsistence allowance for his internment as a POW. The FY97 NDAA designated those members interned in Siberia as eligible for the POW Medal and a $2.50 daily subsistence allowance. Eligible individuals were required to submit an application for this allowance between the period 1 Oct 96 through 30 Sep 97.  Since the applicant’s status as a POW interned in Siberia from 18 Nov 44 – 26 May 45 has been verified, his eligibility for POW subsistence pay is not disputed. Informed people would not knowingly deprive themselves of a benefit to which they are entitled. Therefore, we find it reasonable to conclude that, had the applicant known of his eligibility and the requirement to file a request within a specified period, he would have submitted his appeal in a timely manner.  In view of the above, we recommend his records be corrected as indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 29 September 1997, under the provisions of the Fiscal Year 1997 National Defense Authorization Act, he requested a $2.50 daily subsistence allowance for internment in Siberia as a Prisoner of War from 18 November 1944 to 26 May 1945 and competent authority approved his request.

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All members voted to correct the records, as recommended. The following members of the Board considered this application in Executive Session on 24 July 2002 under the provisions of AFI 36-2603:

The following documentary evidence relating to AFBCMR Docket Number 02-00974 was considered:

  Exhibit A.  DD Form 149, dated 25 Feb 01 (received 19 Mar 02),
                w/atchs.
  Exhibit B.  Applicant's Master Personnel Records.
  Exhibit C.  Letter, HQ AFPC/DPW, dated 19 Apr 02.
  Exhibit D.  Letter, DFAS-POCC/DE, dated 17 May 02.
  Exhibit D.  Letter, SAF/MRBR, dated 31 May 02.

                                   

AFBCMR 02-00974

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to        , be corrected to show that on 29 September 1997, under the provisions of the Fiscal Year 1997 National Defense Authorization Act, he requested a $2.50 daily subsistence allowance for internment in Siberia as a Prisoner of War from 18 November 1944 to 26 May 1945 and competent authority approved his request.