Section A – Former Prisoner of War (FPOW) Status

Updated Aug 28, 2024

In This Section

This section contains the following topics:

Topic	Topic Name
1	General Information on FPOW Status
2	Developing for FPOW Status
3	Approval and Notification of FPOW Determinations
4	Verifying FPOW Status for Defenders of Wake Island

1. General Information on FPOW Status

Introduction

This topic contains general information on determinations of FPOW status, including

Change Date

March 23, 2015

VIII.iv.2.A.1.a. Definition: FPOW

A former prisoner of war (FPOW) is defined in 38 U.S.C. 101(32) as a person who, while serving in the active military, naval, or air service, was forcibly detained or interned in the line of duty by

an enemy government or its agents, or a hostile force, during a period of war, or
a foreign government or its agents, or a hostile force, under circumstances which the Secretary finds to have been comparable to the circumstances under which persons have generally been forcibly detained or interned by enemy governments during periods of war.

Note: The Court of Appeals for Veterans Claims, in McBurney v. Shinseki, 23 Vet.App. 136 (2009), observed that the definition of “detain,” under the provisions of 38 U.S.C. 101(32) must include the elements of “restraint” and “custody.”

VIII.iv.2.A.1.b. Circumstances Comparable to POW Detainment

Circumstances comparable to prisoner of war (POW) detainment include, but are not limited to

physical hardships or abuse
psychological hardships or abuse
malnutrition, and
unsanitary conditions.

Note: In the absence of evidence to the contrary, consider that each individual in a group of detainees/internees encountered the same circumstances experienced by the group as a whole.

Reference: For more information on the circumstances of detention or internment, see 38 CFR 3.1(y)(2).

VIII.iv.2.A.1.c. Reason for Detention or Internment

Generally, the reason for detention or internment is immaterial when making FPOW determinations.

Exception: Do not authorize FPOW status if a serviceperson was detained or interned by a foreign government for a violation of its laws. Such a person is not entitled to FPOW status unless the charges were a sham intended to legitimize the detention/internment.

VIII.iv.2.A.1.d. Assumption That Forcible Detention Occurred in the Line of Duty

Assume that forcible detention or internment occurred in the line of duty unless there is affirmative evidence showing that it was the proximate result of the serviceperson’s own willful misconduct.

References: For more information on

the definition of
- in the line of duty, see 38 CFR 3.1(m), and
- willful misconduct 38 CFR 3.1(n)
procedures for willful misconduct and line-of-duty determinations, see M21-1, Part X, Subpart iv, 1.C, and
the authority to assume FPOW status was incurred in the line of duty, see 38 CFR 3.1(y)(4).

VIII.iv.2.A.1.e. Holding Claimants to the Same Standards of Evidence

When considering claims under the criteria of M21-1, Part VIII, Subpart iv, 2.A.1, hold all claimants to the same standards of evidence, regardless of the alleged captor.

Because 38 U.S.C. 101(32)(B) does not concede automatic recognition as FPOWs to any particular group, do not make unsupported assumptions.

If sufficient evidence comes to the attention of Department of Veterans Affairs (VA) Central Office (CO) demonstrating the eligibility of any particular group under this section of the law, CO will

make the information known to the regional offices (ROs), and
extend FPOW recognition to such groups, normally without the need for administrative decisions in individual cases.

Note: If evidence indicates that certain individuals in such a group may have been detained or interned under more favorable circumstances than the rest of the group, administrative decisions are required.

VIII.iv.2.A.1.f. Accepting Service Department Findings on FPOW Status

VA will accept the finding of the service department concerning FPOW status during wartime if detention or internment was by an enemy government or its agents.

Reference: For the authority to accept service department findings of FPOW status, see 38 CFR 3.1(y)(1).

VIII.iv.2.A.1.g. Required Administrative Decisions on FPOW Status

VA has sole authority to determine FPOW status if

detention or internment occurred
- in peacetime, or
- during wartime by
  - allied governments or their agents
  - neutral governments, or
  - hostile forces, not necessarily representative of a recognized foreign government, or
a reasonable basis exists for questioning service department findings.

Make an administrative decision (favorable or unfavorable) on FPOW status in these cases.

Examples: Some examples of governments where American personnel were detained include the following:

the Soviet Union in World War II (WWII), which was an allied country.
Switzerland and Sweden in WWII, which were declared neutral countries, and
Somalia and Kosovo, which contained hostile forces, but were not designated enemy countries during a period of war.

VIII.iv.2.A.1.h. Declared Enemies of the U.S. and Periods of Hostilities

Use the table below for a list of the declared enemies of the U.S. and the dates on which war was declared or hostilities began for

World War I (WWI)
WWII
the Korean Conflict (KC)
the Vietnam Era
the Persian Gulf War, and
current overseas contingency operations.

Note: Wherever possible, the date of cessation of hostilities is also indicated. The latter date is useful for determining when an FPOW’s detention might have ended, but an FPOW’s liberation may have occurred before or after the official end of the fighting.

Period of War	Enemy Governments	Date Hostilities Began	Date Hostilities Ended
WWI	Germany	4/6/1917	11/11/1918
WWI	Austria-Hungary	12/7/1917	11/11/1918
WWII	Japan	12/8/1941	8/14/1945 *Note*: Japan formally surrendered on 9/2/1945.
	Germany	12/11/1941	5/8/1945
	Italy	12/11/1941	9/3/1943 *Note*: Italy formally surrendered on 9/29/1943.
	Bulgaria	6/5/1942	9/8/1944
	Hungary	6/5/1942	1/20/1945
	Romania	6/5/1942	9/12/1944
KC *Notes*: Of the 7,140 FPOWs captured during the KC 4,418 were returned to U.S. military control a total of 3,745 were repatriated in the following two major operations: “Little Switch” (April 21-May 3, 1953) for 149 seriously sick or wounded FPOWs, and “Big Switch” (August 4-September 6, 1953) for most of the remaining 3,596 FPOWs, and the other 673 FPOWs evaded capture or escaped prior to these two operations.	The People’s Republic of Korea (North Korea)	6/27/1950	6/26/1953
	People’s Republic of China (Mainland China)	10/26/1950	6/26/1953
Vietnam Era *Notes*: A total of 653 Vietnam Era FPOWs were returned to U.S. military control, almost all during “Operation Homecoming” (January 27-April 4, 1973). The members of the crew of the naval intelligence ship U.S.S. Pueblo are considered FPOWs. This group of 80 crewmembers was detained by North Korea from January 23, 1968, until December 23, 1968.	Democratic Republic of Vietnam (North Vietnam)	8/5/1964	5/7/1975
	National Liberation Front (Vietcong)	8/5/1964	5/7/1975
Persian Gulf War		8/2/1990

2. Developing for FPOW Status

Introduction

This topic contains information on determining FPOW status, including

Change Date

May 6, 2020

VIII.iv.2.A.2.a. Affording Claimants an Opportunity to Present Evidence

Evidence from the service department on the circumstances of detention or internment may be difficult to obtain. It is important that VA afford each claimant an opportunity to present all evidence in support of the claim.

To this end, clearly explain to claimants the

importance of buddy statements, and
evidentiary requirements that make “buddy statements” acceptable.

Reference: For more information on buddy statements, see M21-1, Part III, Subpart ii, 2.F.5.b.

VIII.iv.2.A.2.b. Evidence Requirements for Determining FPOW Status

Use the table below to determine what type of evidence is required for making an administrative decision on FPOW status.

If the FPOW status is associated with …	Then the required evidence includes …
peacetime service wartime service, and the detaining power was an allied or neutral power or its agents, or a hostile force, or a claim in which a legitimate question arises regarding the service department’s certification	facts and circumstances of detention or internment, in accordance with 38 CFR 3.1(y)(2). *Rationale*: The VA cannot accept service department findings in these circumstances and is required to make an administrative decision.
wartime service, and the detaining power was an enemy government or one of its agents	certification of FPOW status from the service department, in accordance with 38 CFR 3.1(y)(1). *Rationale*: Both the service department and VA can make administrative decisions in this circumstance.

References: For more information on developing for

evidence of FPOW status, see M21-1, Part VIII, Subpart iv, 2.C
FPOW service records, see M21-1, Part VIII, Subpart iv, 2.B, and
general service records, see M21-1, Part III, Subpart ii, 2.A.

3. Approval and Notification of FPOW Determinations

Introduction

This topic contains information on the approval and notification of FPOW determinations, including

Change Date

August 28, 2024

VIII.iv.2.A.3.a. FPOW Decision Format and Criteria

Follow the instructions in M21-1, Part X, Subpart v, 1.C for preparing an administrative decision.

Base the decision on the criteria outlined for peacetime FPOW decisions in 38 CFR 3.1(y)(2).

In the issue section of the decision, indicate whether or not detention or internment occurred in peacetime or wartime.

VIII.iv.2.A.3.b. Submitting an FPOW Determination for Approval

The Director of Compensation Service must approve RO determinations that grant or deny FPOW status before an RO may take action on the decision.

The table below contains instructions for submitting the RO determination to Compensation Service for approval.

Step	Action
1	Prepare the letter referenced in M21-1, Part VIII, Subpart iv, 2.A.3.c and upload it into the corresponding electronic claims folder (eFolder).
2	Ensure all other relevant documentation has been uploaded into the eFolder.
3	Add the Compensation Service Review – POW special issue indicator to the contention at issue, and Compensation Service Case Review tracked item.
4	Is the corresponding end product subject to National Work Queue routing? If yes, take no further action, as the claim will be routed to Compensation Service automatically. If no, manually broker the claim to Compensation Service (Washington DC). *Reference: For more information on manually brokering a claim, see the Veterans Benefits Management System (VBMS) Core User Guide*.

Reference: For more information on requesting guidance from Compensation Service, see M21-1, Part X, Subpart v, 1.A.

VIII.iv.2.A.3.c. Format of Letter Requesting Compensation Service Approval of an FPOW Status Determination

Follow the format of the letter below when preparing a letter that requests Compensation Service approval of an FPOW status determination.

DEPARTMENT OF VETERANS AFFAIRS

[RO name]

[RO address]

[current date]

Director In Reply Refer To:

Compensation Service (214D) [RO number]

Department of Veterans Affairs [file number]

Central Office [Veteran’s name]

810 Vermont Ave. NW

Washington, DC 20420

SUBJECT: Request for approval of FPOW status determination in accordance with 38 CFR 3.1(y)(3)

BRIEF STATEMENT/BACKGROUND INFORMATION AND REQUEST: [Identify the individual who is asserting the Veteran’s FPOW status and provide pertinent service information, to include the branch(es), date(s), and place(s) of the Veteran’s service.]

Example #1: The Veteran served honorably in the Army from March 1944 to May 1946. The surviving spouse filed a claim for death benefits alleging that the Veteran was a POW.

Example #2: The Veteran served honorably in the Marine Corps from March of 1945 to April of 1947 and claims to have been a POW from June 12, 1945, to July 1, 1945.

EVIDENCE: See the Evidence section of the corresponding administrative decision in the claims folder. [Outline attempts that were made to confirm the Veteran’s FPOW status and the outcome of those attempts if this information is not included in the Evidence section of the administrative decision.]

DISCUSSION: See the Reasons and Bases section of the corresponding administrative decision in the claims folder.

QUESTION(S) AT ISSUE: May VA recognize the Veteran as an FPOW?

RECOMMENDATION: See the Decision section of the corresponding administrative decision in the claims folder.

SIGNATURE: ________________________

PRINTED NAME AND TITLE: ______________________

VIII.iv.2.A.3.d. Notifying the Claimant of the FPOW Determination

Use a locally-generated letter to inform the claimant of the allowance or denial of benefits when FPOW status is claimed in connection with a claim for

service connection for a new disability
entitlement to an increased evaluation of a service-connected disability, or
any other type of benefit.

Ensure that the letter gives sufficient information to permit a complete understanding of the

decision reached
reasons for the decision, and
evidence used to reach the decision.

Reference: For more information on decision notification requirements, see M21-1, Part VI, Subpart i, 1.B.

4. Verifying FPOW Status for the Defenders of Wake Island

Introduction

This topic contains information on verifying FPOW status for the defenders of Wake Island, including

Change Date

August 28, 2024

VIII.iv.2.A.4.a. FPOW Status for the Defenders of Wake Island

The civilian employees of Pacific Naval air bases who actively participated in the defense of Wake Island

served on active duty from December 8, 1941, until approximately October 1, 1945, and
are classified as FPOWs from December 23, 1941, until approximately October 1, 1945.

VIII.iv.2.A.4.b. Information on the DD Form 214 Issued to Civilian Employees of World War II Naval Air Bases

A group of civilian employees were issued a DD Form 214, Certificate of Uniformed Service, as a part of their service on the naval air bases during World War II.

The REMARKS section of DD Form 214 for defenders of Wake Island should contain

the name of the group to which they belonged, and
a statement indicating
- the time period during which they were held as a POW, and
- that there are no medical or dental records pertaining to that time period.

If unable to locate a DD Form 214 for a specific claim, contact the Personnel Information Exchange System (PIES) helpdesk via e-mail at VAVBAWAS/CO/PIES. The e-mail should include the Veteran’s

name
Social Security number, and
service number (if available).

VIII.iv.2.A.4.c. Where to Obtain Medical Records

Do not submit requests for medical records for the defenders of Wake Island to the service department or the National Personnel Records Center. Requests should be submitted to the Division of Federal Employees’, Longshore and Harbor Workers’ Compensation (DFELHWC) Division of Federal Employees’ Compensation (DFEC) office with the U.S. Department of Labor using a locally-generated letter sent to the address below.

U.S. Department of Labor

DFELHWC-FECA, PO Box 8311

London, Kentucky 40742-8311

Note: If available, include the worker’s compensation file number on the request.

VIII.iv.2.A.4.d. Considering FECA Benefits

The defenders of Wake Island are entitled to Federal Employees Compensation Act (FECA) benefits.

An election between FECA benefits and VA benefits is required.

Note: Follow the procedures in M21-1, Part VI, Subpart ii, 5.F on FECA benefits and elections upon receipt of a claim for VA benefits.

38 CFR Part 3 (Click to Open)

38 CFR Part 4 (Click to Open)

VA Disability Codes [Click to Expand]

M21-1 Table of Contents

M21-5 Table of Contents

In This Section

1. General Information on FPOW Status

Introduction

Change Date

VIII.iv.2.A.1.a. Definition: FPOW

VIII.iv.2.A.1.b. Circumstances Comparable to POW Detainment

VIII.iv.2.A.1.c. Reason for Detention or Internment

VIII.iv.2.A.1.d. Assumption That Forcible Detention Occurred in the Line of Duty

VIII.iv.2.A.1.e. Holding Claimants to the Same Standards of Evidence

VIII.iv.2.A.1.f. Accepting Service Department Findings on FPOW Status

VIII.iv.2.A.1.g. Required Administrative Decisions on FPOW Status

VIII.iv.2.A.1.h. Declared Enemies of the U.S. and Periods of Hostilities

2. Developing for FPOW Status

Introduction

Change Date

VIII.iv.2.A.2.a. Affording Claimants an Opportunity to Present Evidence

VIII.iv.2.A.2.b. Evidence Requirements for Determining FPOW Status

3. Approval and Notification of FPOW Determinations

Introduction

Change Date

VIII.iv.2.A.3.a. FPOW Decision Format and Criteria

VIII.iv.2.A.3.b. Submitting an FPOW Determination for Approval

VIII.iv.2.A.3.d. Notifying the Claimant of the FPOW Determination

4. Verifying FPOW Status for the Defenders of Wake Island

Introduction

Change Date

VIII.iv.2.A.4.a. FPOW Status for the Defenders of Wake Island

VIII.iv.2.A.4.b. Information on the DD Form 214 Issued to Civilian Employees of World War II Naval Air Bases

VIII.iv.2.A.4.c. Where to Obtain Medical Records

VIII.iv.2.A.4.d. Considering FECA Benefits

Related M21 References

M21-1 Table of Contents

M21-5 Table of Contents