APPLICANT REQUESTS: That his military records be corrected to reflect that he was a Prisoner of War (POW) of the Germans during World War II.  In support of his request he provides a letter from another former soldier who claims he was taken prisoner at the same time.    

PURPOSE:  To determine whether the application was submitted within the time limit established by law, and if not, whether it is in the interest of justice to excuse the failure to timely file.

EVIDENCE OF RECORD:  The applicant's military records show:
		
He was inducted on 23 November 1942 and was honorably discharged on 28 November 1945 after having served 10 months and 15 days in the European Theater of Operations.  His significant awards include the Combat Infantryman Badge, the World War II Victory Medal, the American Campaign Medal, the European-African-Middle Eastern Campaign Medal and the Good Conduct Medal.

There is no evidence in the available records to indicate that the applicant was ever listed as a POW.  A review of morning reports for the applicant’s unit of assignment for the period 17 through 21 April 1944 also failed to disclose any information concerning a status change pertaining to the him that would identify him as a POW.

Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  Failure to file within 3 years may be excused by a correction board if it finds it would be in the interest of justice to do so.

DISCUSSION:  The alleged error or injustice was, or with reasonable diligence should have been discovered on 28 November 1945 the date he was discharged from active duty and signed his report of separation.  However, in view of the fact that the Board was not established until 2 January 1947 the applicant’s 3 year period in which to file an application for correction of military records expired on 2 January 1950; 3 years from the date the Board was established.

The application is dated 30 August 1991 and the applicant has not explained or otherwise satisfactorily demonstrated by competent evidence that it would be in the interest of justice to excuse the failure to apply within the time allotted.

DETERMINATION:  The subject application was not submitted within the time required.  The applicant has not presented and the records do not contain sufficient justification to conclude that it would be in the interest of justice to grant the relief requested or to excuse the failure to file within the time prescribed by law.

BOARD VOTE:

                      EXCUSE FAILURE TO TIMELY FILE

                      GRANT FORMAL HEARING

                      CONCUR WITH DETERMINATION




		David R. Kinneer
		Executive Secretary