RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00557
		INDEX CODE:  130.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect his status as a Prisoner of War (POW) and he be awarded the POW Medal.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was a POW from 20 Jun 44 to 30 Oct 44.

In support of his appeal, the applicant provided a statement from the Army Review Boards Agency and congressional correspondence.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s available military personnel records indicate he enlisted in the Army of the United States (Army Air Force) on 26 Oct 42.

On 20 Jun 44, the applicant was a crewmember of a B-24 bomber which participated in a bombardment mission to Politz, Germany.  The bomber sustained damage from enemy anti-aircraft fire.  A radio message was received from the crew of the plane which stated it was going to Sweden.  Casualty reports in the applicant’s records indicate he was interned in a neutral country from 20 Jun 44 to 30 Oct 44.

On 25 Aug 45, he was honorably discharged on 25 Aug 45 under the provisions of AR 615 365 (Demobilization).  

Applicant was appointed a first lieutenant, United States Army Reserve (Dental Corps) on 25 Sep 51 and was ordered to extended active duty on 8 Oct 51.  He was honorably discharged from all appointments on 29 May 54.  He was credited with 5 years, 6 months, and 11 days of total active service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPF indicated that based on the law, governing directives, and HQ AFPC/JA legal review, they recommend denial.

A complete copy of the AFPC/DPF evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 23 Jul 04 for review and response.  As of this date, no response has been received by this office (Exhibit D).

Copies of the memoranda from the Office of the General Counsel were provided to applicant on 5 Oct 04 for review and response.  As of this date, no response has been received by this office (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.  The applicant's complete submission was thoroughly reviewed and his contentions were duly noted.  However, we do not find the applicant’s assertions and the documentation provided in support of his appeal sufficiently persuasive to override the rationale provided by the Air Force office of primary responsibility (OPR), which included an attached legal review from AFPC/JA.  In our view, the intent of the governing statute was not to provide blanket recognition of all internees as POWs, but to award the POW Medal to those individuals taken prisoner by foreign armed forces that are hostile to the United States, and whose circumstances have been determined to be comparable to those under which persons have generally been held captive by enemy armed forces during periods of armed conflict.  Therefore, we agree with the recommendation of the OPR and adopt the rationale provided by AFPC/JA as the basis for our decision that the applicant has failed to sustain his burden of establishing he has suffered either an error or an injustice.  Accordingly, we find no compelling basis to recommend granting the relief sought in this application.  However, if the applicant were to provide additional documentation showing his circumstances as an internee were comparable to those individuals interned in the German POW camps, we would be inclined to reconsider his application.

_________________________________________________________________

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 AFBCMR Docket Number BC-2004-00557 in Executive Session on 4 Nov 04, under the provisions of AFI 36-2603:
The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 15 Feb 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPF, dated 20 Jul 04, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 23 Jul 04.
    Exhibit E.  Letter, AFBCMR, dated 5 Oct 04, w/atchs.