BOARD DATE:	  23 March 2010

		DOCKET NUMBER:  AR20090015664 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his records to show his status was missing in action (MIA).

2.  The applicant states, in effect, that Army officials notified his wife that he was MIA; however, his records are not documented to show he was MIA.  This happened to him and he wants to resolve it so that he may have peace of mind. 

3.  The applicant provides an undated self-authored statement in support of his request.

CONSIDERATION OF EVIDENCE:

1.  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.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  Having had prior service, the applicant's records show he enlisted in the Regular Army on 30 November 1988 and held military occupational specialty 63B (Light Wheel Vehicle Mechanic).  He was assigned to Headquarters and Headquarters Troop, 1st Squadron, 1st Cavalry.

3.  His records also show he served in Southwest Asia (SWA) in support of Operations Desert Shield/Storm from 26 December 1990 to 15 May 1991.

4.  He was honorably discharged on 23 October 1992 by reason of completion of his term of service.

5.  The available evidence does not show he was reported as MIA.  The following sources were reviewed:

	a.  His DA Form 2-1 (Personnel Qualification Record), Item 27 (Remarks)  does not reflect he was an MIA during his service in SWA. 

	b.  The available evidence does not contain a DA Form 4187 (Personnel Action) changing his duty status from "Present For Duty" to MIA or any other status.

	c.  His name is not shown on any official Army documents (messages or notifications) as MIA.

	d.  There are no statements by his commander or a line of duty investigation in his records that show he was MIA.

	e.  The applicant's name is not listed on the casualty roster maintained by the U.S. Army Human Resources Command. 

6.  He submitted an undated self-authored statement wherein he indicated, in effect, that during his service in SWA, he and another Soldier were riding in a military truck in a convoy when they were fired upon.  As the fire-fight continued, his commander instructed him to stay with the disabled vehicle.  The convoy eventually departed but he and another sergeant were left behind.  One night, Iraqi scouts spotted them and captured them.  The next thing he remembers was that a Reserve unit picked them up and cared for them for about 20 days.  He ultimately returned to his unit and was informed by his platoon leader that it was better to lose 2 Soldiers than 7 or 8 Soldiers.  He lost his temper and hit the officer but continued his tour with the unit.  He feels he is being left all over again. His feelings have never subsided.  Several members of his immediate family either served or are serving in the Army.  His family has put it on the line.  He just wants to be recognized for what happened to him in the performance of his duties. 

DISCUSSION AND CONCLUSIONS:

There is no evidence in the available records and the applicant failed to submit any substantiating evidence to show he was MIA or captured during his service in SWA.  A number of sources were reviewed and none reported him as MIA.  In the absence of documentary evidence that conclusively shows he was missing or captured, there is insufficient evidence to grant him the request relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ___x___  ___x_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _   __x_____   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20090015664



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ABCMR Record of Proceedings (cont)                                         AR20090015664



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