RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00601 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His record be changed to reflect his Prisoner of War (POW) status during World War II (WWII). ________________________________________________________________ APPLICANT CONTENDS THAT: His current discharge does not reflect his POW status. The Department of Veterans Affairs acknowledges his POW status; however, he feels he should have official documentation in his military records. The applicant’s complete submission, with attachment, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant entered active duty, on 8 Feb 44, as a member of the Army Air Corps. He served in the European Theater from 17 Sep – 28 Dec 44. He was credited with 1 year, 5 months, and 22 days of continental service and 3 months and 21 days of foreign service. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force. Accordingly, there is no need to recite these facts in this Record of Proceedings. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPWC reviewed this application and recommends denial. They note, the applicant’s plane was shot down, on 7 Oct 44, and was detained as an internee by the Swedish government until his return to military control, on 1 Nov 44. Soldiers who endured a similar experience as a detainee or an internee at various camps in Sweden by itself do not qualify for POW status. Additionally, the Department of Veterans Affairs’ (DVA) decision to treat for the purposes of benefits and compensation certain WWII veterans who were forcibly detained by enemy governments does not by itself qualify the member for POW status. In this context, mistreatment may qualify for VA compensation, but it does not qualify them for official POW status on their military record. DPWC concludes that awarding POW status, and in turn the POW medal, to internees in Sweden requires the Secretary of the Air Force (SAF) to determine that Swedish (sic) officials were acting on behalf of a foreign armed force hostile to the US during WWII, in accordance with the Department of Defense 1348.33m, para C6.2 and 10 USC Section 1128(a) (4). The complete AFPC/DPWC evaluation, with attachments, is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 2 Apr 10 for review and response. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ 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 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 and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. ________________________________________________________________ THE BOARD CONCLUDES 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-2010-00601 in Executive Session on 13 October 2010, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 10 Feb 10, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPWC, dated 22 Mar 10, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 2 Apr 10.