RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 				DOCKET NUMBER: BC-2015-00200

							COUNSEL:  NONE

							HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

Her late father receive Prisoner of War (POW) status and that he be awarded the Prisoner of War Medal.

APPLICANT CONTENDS THAT:

Her late father’s B-24 received heavy damage over Augsburg, Germany.  He was severely injured when the plane was forced to crash-land in Switzerland.  He was captured and interned in Switzerland for three weeks and should be awarded the Prisoner of War Medal.

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

STATEMENT OF FACTS:

The decedent initially entered the Army Air Corp on 5 February 1944.

On 4 October 1945, the decedent was honorably discharged in the grade of first lieutenant under the provisions of RR 1-5 – Demobilization.  He served 1 year, 2 months and 13 days of continental service and 5 months and 17 days of foreign service.

The remaining relevant facts pertaining to this application are contained in the memorandums prepared by the Air Force offices of primary responsibility (OPRs), which are attached at Exhibit C and D. 

AIR FORCE EVALUATION:

AFPC/DPFC recommends denial indicating a thorough search of POW files at the Army Repatriation and Family Affairs Division for all conflicts/wars was completed and confirmed that XXXXXXX was not identified as a POW.  Additionally, a review of his Military Personnel Record from the National Archives and Records Administration (NARA) found no documentation to support his being a POW.  However, they did receive the Battle Casualty Report from the Air Force Historical Research Agency (AFHRA) verifying the former service member was interned in Switzerland from 27 February 1945 to 27 March 1945.

The former service member does not meet the POW status criteria as outlined in Articles 4 and 5 of the Geneva Convention Relative to the Treatment of Prisoners of War of August 12, 1949.  Although he was interned by a neutral nation, Switzerland, from 27 February 1945 to 27 March 1945, it does not entitled him to prisoner of war status or the U.S. domestic law benefits that derive from having been a prisoner of war.

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

AFPC/DPSID recommends denial indicating the Prisoner of War Medal is authorized for any person who, while serving in any capacity with the United States Armed Forces, was taken prisoner and held captive after 5 April 1917.  The Prisoner of War Medal is to be issued to those United States military members and other personnel serving in any capacity with the United States Armed Forces, who were taken prisoner and held captive while engaged in an action against an enemy of the United States, while engaged in military operations involving conflict with an opposing foreign force, while serving with friendly forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party, or by foreign armed forces that are hostile to the United States under circumstances which the Secretary concerned finds to have been comparable to those under which persons have generally been held captive by enemy armed forces during periods of armed conflict.

Per memorandum dated 15 October 2013 signed by acting Secretary of the Air Force - the Prisoner of War Medal was authorized to specific service members (identified by the memorandum attachments) who were interned at Wauwilermoos Camp in Switzerland during World War II.

After a thorough review of the former service member’s official military personnel record, they were unable to verify award of the Prisoner of War Medal.

The Chief, Air Force Casualty Matters Division received the Battle Casualty Report from the Air Force Historical Research Agency verifying the former service member was interned in Switzerland from 27 February 1945 to 27 March 1945, per memorandum dated 15 April 2015.

While there appears to be official documentation confirming the former service member was interned in Switzerland, there is no official documentation verifying the he was interned at Wauwilermoos Camp in Switzerland.  In order for the former service member to be considered for award of the Prisoner of War Medal the internment in Switzerland must have been at Wauwilermoos Camp; no other camps in Switzerland were authorized consideration.

There is no official documentation in the former service member’s record, nor was any provided by the next of kin, verifying the applicant was prisoner of war at Wauwilermoos Camp in Switzerland in order to be eligible for consideration of the Prisoner of War Medal.  Should proof of internment at Wauwilermoos Camp during World War II be able to be validated through official documentation, the request would need to be submitted to the Secretary of the Air Force for consideration of the Prisoner of War Medal.

A complete copy of the AFPC/DPSID evaluation is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 9 March 2016 for review and comment within 30 days (Exhibit E).  As of this date, no response has been received by this office.

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was not timely filed.  While the applicant claims a date of discovery of less than three years ago, in our view, the reasonable date of discovery of the alleged error or injustice was more than three years ago and the application is therefore untimely; however, it is in the interest of justice to waive the failure to timely file.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of an error or an injustice.  We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force offices of primary responsibility and adopt their rationale as the basis for our conclusion that the former service member has not been the victim of an error or injustice.  While we are not unmindful or unappreciative of the deceased service member’s service to our Nation, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application.

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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-2015-00200 in Executive Session on 10 May 2016 under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-00200 was considered:

	Exhibit A.  DD Form 149, dated 15 September 2014, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPFC, dated 15 April 2015,
  w/atchs.
	Exhibit D.  Memorandum, AFPC/DPSID, dated 14 September 2015.
	Exhibit E.  Letter, AFBCMR, dated 9 March 2016.