APPLICANT REQUESTS:  That his military records be corrected to show that he was held prisoner by the hostile government of Syria from 9 September 1972 to 31 October 1972 and that he be awarded the Prisoner of War (POW) Medal for this period of detention.

APPLICANT STATES:  That at the time of the incident and during the subsequent investigation the matter was classified and did not appear in his records.  Due to the classified nature of the incident he has no records in his possession to substantiate the period of his POW status.  He believes that in light of current public and political interest in the POW and missing in action issue, it is in the best interest of the US Government to recognize an individual formerly held by a hostile government.

EVIDENCE OF RECORD:  The applicant's military records show:

He was commissioned a 2nd lieutenant in the infantry on 1 June 1959 and after 21 years and 4 months of continuous active service he retired as a lieutenant colonel on 30 September 1980.  During the course of his career he served overseas tours in Germany, Saudi Arabia, Vietnam, Lebanon and a 3 month tour in Jordan.  His significant military awards include the Bronze Star Medal, the Defense Meritorious Service Medal, the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Vietnam Gallantry Cross, the Combat Infantryman Badge, the Expert Infantryman Badge and the Ranger Tab.

He completed Arabic language training in 1966 and graduated from the foreign area specialty program specializing in the Arab world.  His personnel qualification record reflects that he was “interned” on 9 September 1972 while assigned as an assistant Army attache in Jordan.

On 15 August 1975, he received a General Officer Letter of Reprimand (GOLOR) alleging that in 1970, 1971 and 1972 while in the Middle-east he violated security regulations.  In his rebuttal to the (GOLOR), and in an accompanying supporting statement from another officer, there appears the only reference to the fact that he was detained by the Syrian government.  No place in the record, however, does there appear any information reflecting that he was a POW.

Army Regulation 600-8-22, Military Awards, provides in pertinent part, that the POW Medal is to be issued only to those U.S. military personnel and other personnel granted creditable U.S. military service, 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, or while serving with foreign forces engaged in an armed conflict against an opposing force in which the United States is not a belligerent party.

The same regulation states that hostages of terrorist and persons detained by governments with which the United States is not engaged actively in armed conflict are not eligible for the medal.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The record reflects that he was “interned” on 9 September 1972.  He was correctly not classified as a POW; however, because at the time of his detention, the United States was not actively engaged in a conflict or military operation against the government of Syria, which was a necessary prerequisite for designation as a POW.

2.  For the same reason as stated above, neither is he eligible for award of the POW Medal.

3.  In view of the foregoing, there is no basis for granting the applicant’s request.



DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

                       GRANT          

                       GRANT FORMAL HEARING

                       DENY APPLICATION




						David R. Kinneer
						Executive Secretary