RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01748
		INDEX CODE:  130.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO 

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APPLICANT REQUESTS THAT:

His DD Form 214 be corrected to reflect he was a Prisoner of War (POW) in Sweden instead of an internee.
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APPLICANT CONTENDS THAT:

POW status was omitted from his discharge records.

In support of his request, applicant submits copies of his DD Form 214, a letter from a Catholic chaplain and a statement from the Vice Consul of USA at Stockholm, Sweden.  The applicant’s complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

Applicant's military personnel records were destroyed by fire in 1973.

Information extracted from applicant’s submission reveals he was inducted into the Army Air Corps on 13 April 1943 and entered active service on 20 April 1943.  He participated in the European Theater of Operation (ETO) during the period 30 January 1944 through 27 August 1945.  He was interned in Sweden from approximately 25 August to 7 December 1944.  Applicant’s WD AGO Form 53‑55, Enlisted Record and Report of Separation, reveals he participated in the Normandy, Northern France and Western Europe campaigns; and, no wounds were received in action.  His decorations include the American Theater Ribbon, European African Middle Eastern (EAME) Ribbon, with three bronze stars, Air Medal, World War II Victory Medal and the Good Conduct Medal.  On 6 November 1945, he was honorably discharged from the Army Air Corps.  The applicant was serving in the grade of technical sergeant (E-6) and had completed a total of 1 year, 4 months and 25 days of continental service and 1 year, 1 month and 29 days of foreign service at the time of discharge.
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AIR FORCE EVALUATION:

HQ AFPC/DPF recommends the application be denied.  DPF states that the HQ AFPC/JA review of pertinent statutes, DoD instruction and written precedent clearly indicate that the medal should not be issued to military members held by nonbelligerents.  In addition, the applicant is not listed on the Army Repatriation and Family Affairs Division’s POW database.  The HQ AFPC/DPF evaluation, with attachments, is at Exhibit B.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On behalf of the applicant, his spouse responded to the advisory opinion and provided additional documents in support of his appeal.

A complete copy of this response, with copies of the pilot’s flight record and a document from the Library of Congress archival database, is appended at Exhibit D.
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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.  After a thorough review of applicant’s submission, we are unpersuaded his record should be corrected to reflect POW status.  The applicant was interned in Sweden in August 1944 and returned to military custody in December 1944.  Sweden was a neutral country and not an enemy of the United States during WWII.  According to HQ AFPC/DPW, the applicant is not listed on the Army Repatriation and Family Affairs Division’s POW database.  Based on Title 38, Section 101(32), and DoD Joint Publication 1-02, the applicant has not made his case to support reclassification as a POW.  We, therefore, agree with the recommendations of the Air Force and adopt the rationale expressed as the basis for our decision that the applicant has not established his claims for POW status.  In view of the above and absent persuasive evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.
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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-2004-01748 in Executive Session on 30 September 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 12 Apr 04, w/atchs.
   Exhibit B.  Letter, HQ AFPC/DPF, dated 22 Jul 04, w/atchs.
   Exhibit C.  Letter, SAF/MRBR, dated 30 Jul 04.