RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04000 MEMBER:(DECEASED) COUNSEL: NONE APPLICANT: HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: 1. Her late husband’s DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be amended to reflect his prisoner of war (POW) status during the Korean conflict. 2. His military personnel record be amended to reflect his grade as Technical Sergeant, E-6, his highest grade held instead of Staff Sergeant, E-5. ________________________________________________________________ APPLICANT CONTENDS THAT: Her late husband’s DD Form 214 does not state his POW status during the Korean conflict while he was assigned with the Strategic Airlift Command’s (SAC) Office of Special Investigations (OSI) from 1952 through 1956. Additionally, his retirement grade should be corrected to reflect Technical Sergeant. Based on retirement order dated 30 April 1968, his grade was amended before he retired on 1 June 1968. The record should be changed to read highest grade held at and before retirement. In support of her request, the applicant provides copies of documents extracted from the decedent’s military personnel record, a copy of his death certificate, and other supporting documents. The applicant's complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: Documents in the decedent’s military personnel record indicate he was a member of the Army Air Corps, who served from 8 July 1941 until his release from active duty on 31 May 1968, with an honorable characterization of service. He was retired on 1 June 1968. During his active duty period, he participated in the Chinese Communist Forces Spring Offensive from 22 April 1951 through 8 July 1951 and the United Nations Summer- Fall Offensive from 9 July 1951 through 27 November 1951 through 27 November 1951. Information submitted by the applicant reflects the decedent died on 11 October 1972. ________________________________________________________________ AIR FORCE EVALUATION: 1. HQ AFPC/DPFCM recommends denial. DPFCM states there is no evidence to confirm the military member was a POW. They reviewed all POW databases for all conflicts/wars and the military member’s name was not in any of them. Additionally, a thorough review of his military personnel record and medical record from the National Archives and Records Administration (NARA) found no documentation to support his ever being a POW. 2. Department of Defense Joint Publication 1-02 (as amended through 22 March 2007) defines a prisoner of war “as a detained person as defined in Articles 4 and 5 of the Geneva Convention Relative to the Treatment of Prisoners 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 nonbelligerent 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.” The eligibility criterion was expanded in 1989 to include those individuals serving in any capacity with the armed forces, who were taken and held captive “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 been generally held captive by enemy armed forces during periods of armed conflict.” Although Joint Publication 1-02 definitions are not necessarily intended to be statements of policy, the definitions nonetheless are consistent with the language of the 1919 Geneva Prisoner of War Convention and other law-of-war treaties. The complete AFPC/DPFCM evaluation is at Exhibit C. 1. HQ AFPC/DPSOR recommends denial. DPSOR states that the member was retired in the grade of Staff Sergeant (SSgt) the grade held at the time of retirement, which complies with 10 U.S.C. §8961. No evidence was provided to indicate an error exists or an injustice occurred. At the time of the member's retirement, 10 U.S.C. §8961, established a member's retired grade as the grade held on date of retirement. 10 U.S.C. §8961 indicated the following: Unless entitled to a higher retired grade under some other provision of law, a Regular or Reserve of the Air Force who retire other than for physical disability retires in the regular or reserve grade that he holds on the date of his retirement. The member retired in the grade of SSgt effective 1 June 1968 with 20 years, 10 months, and 6 days of Total Active Federal Military Service (TAFMS). 2. The member was promoted to the grade of Technical Sergeant (TSgt) effective 1 September 1957, and was demoted to the temporary grade of SSgt, effective 13 November 1958, as the result of disciplinary punishment relating to his failure to go to his appointed place of duty. On 24 March 1960, the member was awarded the permanent grade of SSgt, with a date of rank of 13 November 1958. Because the member held the grade of SSgt on the date of his retirement, his record correctly reflects his retired grade as SSgt. When originally published, his retirement order contained erroneous information regarding his highest grade held on active duty; however, it was properly corrected through the amendment, Special Order AC-13307, dated 30 Apr 1968. No evidence was provided by the applicant or found in the member's record to indicate the member regained the rank of TSgt prior to his retirement. The complete AFPC/DPSOR evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant for review and comment on 24 January 2014, (Exhibit E). To date, a response has not been received. ________________________________________________________________ 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 opinions and recommendations of the Air Force offices of primary responsibility and adopt their rationale as the basis for our conclusion that the decedent has not been the victim of an error or injustice. In view of the above and in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application. 4. The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue(s) involved. Therefore, the request for a hearing is not favorably considered. ________________________________________________________________ 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. ________________________________________________________________ The following members of the Board considered this application in Executive Session on 10 April 2014, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-04000 was considered: Exhibit A. DD Form 149, dated 23 June 2013, w/atchs. Exhibit B. Decedent’s Master Personnel Records. Exhibit C. Letter, AFPC/DPFCM, dated 30 October 2013. Exhibit D. Letter, AFPC/DPSOR, dated 7 November 2013. Exhibit E. Letter, SAF/MRBR, dated 24 January 2014. 1 2