RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  02-01851
							INDEX CODE:  130.00
    							COUNSEL:  NO

    							HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

He be awarded the Prisoner of War (POW) medal for his time as prisoner of war during WWII. 

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APPLICANT CONTENDS THAT:

Some of the crew members of his B-17 received the POW medal and some did not.  He was given POW status; however, he has not been given the medal.  He recently found out through a service officer that it was possible to correct his military record.  

In support of his appeal, applicant submits a personal statement, a copy of a letter from the Switzerland’s State General verifying applicant’s internment status and a copy of the Veterans Administration Former Prisoner of War Claims sheet.

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

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STATEMENT OF FACTS:

The applicant was inducted into the Army Air Corps on 2 February 1943 and entered active service on 9 February 1943.  He departed for the European Theater of Operations (ETO) on 23 April 1944.  He was interned in Switzerland from 12 July 1944 to 17 February 1945. He departed the ETO on 17 March 1945 and arrived in the Continental US on 25 March 1945.  He was honorably discharged on 28 October 1945 in the grade of technical sergeant (TSgt) with 1 year, 9 months and 18 days of continental service and 11 months and 3 days of foreign service.  His WD AGO Form 53-55, Enlisted Record and Report of Separation, reflects that he participated in the Air Offensive in Europe and in the Northern France and Rhineland campaigns.  His decorations include the Good Conduct Medal, European African Middle Eastern Ribbon (EAME) with 3 bronze stars, World War II Victory Medal and the American Theater Ribbon.

On 27 September 1993, Air Force officials responded to the applicant’s request for awards earned during WWII and for the Prisoner of War Medal.  He was advised that his records revealed he was interned in Switzerland, a neutral country, and, as such, the determination was made that he is not eligible for the award of the POW medal.  

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AIR FORCE EVALUATION:

AFPC/DPW was not able to verify that the applicant was a POW; however he was interned in Switzerland from 12 July 1944 to 17 February 1945.

AFPC/DPW evaluation is at Exhibit C.

AFPC/DPPPR recommends the application be denied.  DPPPR states that since the applicant was interned in Switzerland, a neutral country during WWII, he cannot be considered a POW.  DPPPR further states that although the VA has afforded him POW status, the VA criteria are separate and distinct from the military criteria.  

AFPC/DPPPR evaluation, with attachments, 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 26 July 2002 for review and comment.  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.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice in the continued application of the applicant’s World War II status as “Internee.”  While the applicant may have been afforded POW status by the DVA, the DVA is a separate Federal agency operating under its own rules and regulations.  As such, decisions by the DVA are not binding on the Department of Defense.  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.  We do not believe that this Board may change such U.S. foreign policy and firmly established international practice.  Contrary to the applicant’s strong and convincing argument of inappropriate treatment while in the hands of the Swiss government, we are compelled to abide by the Articles of the Geneva Convention and international law pertaining to neutral nations, and established U.S. foreign policy.  Therefore, the applicant’s request 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 AFBCMR Docket No. 02-01851 in Executive Session on 18 September 2002 and 24 January 2003, under the provisions of AFI 36‑2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, 28 April 2001, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPW, dated 11 July 2002.

    Exhibit D.  Letter, HQ AFPC/DPPPR, dated 19 July 2002, 
                w/atch.
    Exhibit E.  Letter, SAF/MRBR, dated 26 July 2002.

                                   Panel Chair