RECORD OF PROCEEDINGS 
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2004-00563
		INDEX NUMBER: 107.00

	XXXXXXX	COUNSEL:  NONE

	XXXXXXX	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be corrected to reflect he was in a Prisoner-of-War (POW) status from 20 June 1944 through 26 October 1944, and he be awarded the POW medal.

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THE APPLICANT CONTENDS THAT:

Based on the Army’s definition of internment as a person interned as a POW or enemy alien, he should be identified as a former POW and receive the POW medal.

In support of the appeal, applicant submits a letter from Senator Dole and the Army Review Boards Agency.

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

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STATEMENT OF FACTS:

Applicant is a former member of the Army Air Corps who served on active duty as a B-24, Liberator, aerial gunner from 14 September 1942 to 27 August 1945.  During a bombardment mission to Politz, Germany, on 20 June 1944, his aircraft sustained damage and was forced to land in Sweden.  From 30 June 1944 to 1 November 1944, he was interned by the Swedish government.

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AIR FORCE EVALUATION:

AFPC/DPF recommends the application be denied and states, in part, that Title 10, United States Code, Section 101(32), defines “former prisoner of war” as “a person who while serving in the active military, naval or air service, was forcibly detained or interned in line of duty (A) by an enemy government or its agents, or a hostile force, during a period of war; or (B) by a foreign government or its agents, or a hostile force, under circumstance which the Secretary finds to have been comparable to the circumstance under which persons have generally been forcibly detained or interned by enemy governments during periods of war.”  The Army Review Boards Agency’s definition of internment has been reviewed by AFPC/JA and, in their opinion, the pertinent statute, Department of Defense (DoD) instruction and written precedent clearly indicate the POW medal should not be issued to military members held by nonbelligerents.

The AFPC/DPF evaluation, with attachments, is at Exhibit C.

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APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 30 July 2004 for review and response within 30 days.  However, 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 this respect, we note the term POW refers to members of the armed forces who are captured and forcibly detained by enemy or hostile armed forces.  An internee is a member taken into custody of a nonbelligerent foreign power as the result of, and for reasons arising out of, any armed conflict in which the armed forces of the United States (U.S.) is engaged.  The POW medal is awarded to those members taken prisoner by foreign armed forces that are hostile to the U.S. under circumstances which the Secretary concerned finds to have been comparable to those under which persons have generally been held captive by enemy forces during periods of armed conflict.  Although applicant was held by the Swedish government during World War II, Sweden was recognized as a neutral country and not a declared enemy of the United States. The pertinent provisions of the Geneva Convention do not support a conclusion that internees have the same status as POWs under international law.  The personal sacrifice applicant endured for his country is noted and our decision in no way diminishes the high regard we have for his service; however, 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, we find no basis upon which to recommend favorable consideration of his requests.

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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 Docket Number BC-2004-00563 in Executive Session on 1 September 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 16 Feb 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPF, dated 22 Jul 04, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 30 Jul 04.