RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS. IN THE MATTER OF: DOCKET NUMBER: BC-2015-01223 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His military personnel records be corrected to reflect he was a prisoner-of-war (POW) during the Vietnam War. APPLICANT CONTENDS THAT: On 1 Jul 68, during his return from emergency leave aboard a military charter flight carrying 214 American troops enroute from McChord AFB, WA, bound for Yokota AB, Japan, the aircraft was intercepted by Soviet jets, forced to land in the Kuril Islands, and detained for two days. Reflecting this incident and his POW status is needed for his Department of Veteran’s Affairs (DVA) claim for Post-Traumatic Stress Disorder (PTSD). The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 4 Aug 66. During the time period 7 Dec 67 to 7 Dec 68, the applicant was assigned to the 12th Security Police Squadron, Cam Ranh Bay, AB, Vietnam. On 3 Aug 70, the applicant was furnished an honorable discharge, and was credited with four years, of active service, including one year of foreign service. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: AFPC/DPFCM recommends denial indicating there is no evidence of an error or an injustice. After review of the applicant’s military records there is no supporting documentation of his claim. On 1 Jul 68, a military charter flight carrying 214 American troops departed McChord AFB, WA bound for Yokota AB, Japan. The aircraft unintentionally violated Soviet airspace, was intercepted by Soviet jets and was forced to land in the Kuril Islands. The crew and passengers were detained for two days. The Air Force Historical Research Agency (AFHRA) found no documentation or passenger manifest to verify the applicant was aboard this aircraft. Additionally, the cited incident 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 12 Aug 49, therefore, it does not entitle him to prisoner of war status or the U.S. domestic law benefits that derive from having been a POW. A complete copy of the AFPC/DPFCM evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 9 Jul 15, for review and comment within 30 days (Exhibit D). 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; 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 an error or 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 office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief. 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-2015-01223 in Executive Session on 7 Oct 15, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-01223 was considered: Exhibit A.  DD Form 149, dated 6 Mar 15, w/atchs. Exhibit B.  Applicant's Master Personnel Records. Exhibit C.  Memorandum, AFPC/DPFCM, dated 6 May 15. Exhibit D.  Letter, SAF/MRBR, dated 9 Jul 15.