RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2004-01631
							INDEX CODE:  130.00
    							COUNSEL:  NO

    							HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 214 be corrected to reflect he was a Prisoner of War (POW) in Switzerland instead of an internee.  

_________________________________________________________________

APPLICANT CONTENDS THAT:

In 1944, while serving in the Army Air Corps, he crash landed his B-17 in Switzerland and was interned from 9 December 1944 through 6 January 1945.  

In support of his appeal, applicant submits a copy of a letter from the Switzerland’s State General verifying applicant’s internment status, a copy of his membership certificate of the Swiss Internees Association, and a copy and the narrative summary with proposed citation for the award of the Distinguished Flying Cross. 

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant entered active service in the Army Air Corps as a pilot on 23 October 1944.  He departed for the European Theater of Operations (ETO) on 23 October 1944.  He was interned in Switzerland from 9 December 1944 to 6 January 1945. He departed the ETO on 24 February 1945 and arrived in the Continental US on 12 March 1945.  He was honorably discharged on 3 October 1945 in the grade of first lieutenant with 11 months and 11 days of continental service and 4 months and 19 days of foreign service.  His WD AGO Form 53-55, Enlisted Record and Report of Separation, reflects that he participated in the Rome-Arno and Rhineland campaigns.  His decorations include the Distinguished Flying Cross, Air Medal with 1 oak leaf cluster, European African Middle Eastern Ribbon (EAME) with 2 bronze stars.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPF recommends the application be denied.  DPF states that the AFPC/JA review of pertinent statutes, DoD instruction and written precedent clearly indicates that the medal should not be issued to military members held by nonbelligerents.  In addition, DPF states that the applicant is not listed on the Army Repatriation and Family Affairs Division's POW database.  The AFPC/DPF evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 23 July 2004, a copy of the Air Force evaluation was forwarded to the applicant for review and comment.  As of this date, this office has received no response. 

_________________________________________________________________

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 contention that his status as an internee be changed to prisoner of war while interned in Switzerland.  The United States recognized Switzerland as a neutral country and not an enemy during World War II.  Under long-standing customary international law, and provisions of the Swiss Constitution, Switzerland is a permanently neutral country, consistently and uniformly recognized as such by all nation’s.  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.  Contrary to the applicant’s contention, we are compelled to abide by the Geneva Convention and international law pertaining to neutral nations, and established U.S. foreign policy.  The personal sacrifice the applicant endured for his country is noted and the recommendation to deny the requested relief in no way diminishes the high regard we have for his service; however, the applicant’s request cannot be favorably considered.

_________________________________________________________________

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 No. 04-01631 in Executive Session on 15 September 2004, under the provisions of AFI 36‑2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, 4 May 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPF, dated 20 Jul 04.
    Exhibit E.  Letter, SAF/MRBR, dated 23 Jul 04.