RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2008-02665
							INDEX CODE:  130.00
    							COUNSEL:  NO
    				HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

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

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APPLICANT CONTENDS THAT:

He was kept in three camps in Switzerland.  When he tried to escape from one of the camps, he was put in a punishment camp in Hunenberg, Switzerland.  He was a prisoner and was harshly punished for his attempt to escape.  

In support of his request, applicant provides a copy of his WD AGO Form 53-55, Enlisted Record and Report of Separation, a list of prisoners at Camp Hunenberg, a copy of an escape attempt military police report and other associated documents pertaining to his internment.  

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

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STATEMENT OF FACTS:

The applicant entered active service in the Army Air Corps as a radio operator mechanic gunner on 19 Sep 42.  He was interned in Switzerland from 8 Jun 44 to 24 Mar 45.  He was honorably discharged on 3 Oct 45 in the grade of master sergeant with 1 year, 8 months and 12 days of continental service and 1 year, 5 months and 14 days of foreign service.  His WD AGO Form 53-55, reflects that he participated in the Air Offensive Europe campaign.  His decorations include the Air Medal with three Oak Leaf Clusters, European African Middle Eastern Ribbon (EAME) with one bronze star, American Theater Service Ribbon and the Good Conduct Service Ribbon.

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AIR FORCE EVALUATION:

AFPC/DPWC recommends denial.  DPWC states that the Department of Defense Joint Publication 1-02 defines "POW" as a detained person as defined in Articles 4 and 5 of the Geneva Convention Relative to the Treatment of Prisoner of War of August 12, 1949.  In particular, one who, while engaged in combat under orders of his or her government, is captured by the armed forces of the "enemy."  In contrast, "interned" is defined as "the casualty is definitely known to have been taken into custody of a non belligerent foreign power as a result of and for reasons arising out of any armed conflict in which the Armed Forces of the United States are engaged."  DPWC states that there is understanding that some internees were mistreated at the punishment camps; however, the mistreatment at punishment camps did not create a condition in which Switzerland lost its neutrality and became an opposing or foreign armed force hostile to the United States.   The complete AFPC/DPWC evaluation, with attachments, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant provides the definition of a former POW as defined by Title 38 U.S.C.  He states his decision to go through this process was to change his category at the Veteran Affairs Medical Center.  The applicant's complete letter is at Exhibit E.

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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.  We took notice of the applicant’s contention that his status as an internee should be changed to a prisoner of war status while he was interned in Switzerland.  However, the United States recognized Switzerland as a neutral country and not as 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 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.  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 our recommendation to deny the requested relief in no way diminishes the high regard we have for his service; however, based on the evidence presented, favorable consideration of the applicant’s request is not warranted.

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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-2008-02665 in Executive Session on 5 Nov 08, under the provisions of AFI 36‑2603:

		Panel Chair
		Member
		Member

The following documentary evidence pertaining to Docket Number BC-2008-02665 was considered:

    Exhibit A.  DD Form 149, dated 24 Oct 07, w/atchs.
    Exhibit B.  Letter, HQ AFPC/DPWC, dated 9 Sep 08, w/atch.
    Exhibit C.  Letter, SAF/MRBR, dated 19 Sep 08.
    Exhibit D.  Letter, Applicant, dated 8 Oct 08.

                                   
                                   Panel Chair