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Decision Text

ARMY | BCMR | CY2001 | 2001055643C070420
Original file (2001055643C070420.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 7 August 2001
         DOCKET NUMBER: AR2001055643


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Mr. Edmund P. Mercanti Analyst


The following members, a quorum, were present:

Ms. Margaret K. Patterson Chairperson
Mr. Thomas B. Redfern Member
Ms. Regan K. Smith Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant, a veteran service representative submitting a request in behalf to the former service member’s (FSM’s) next of kin, requests that the FSM be awarded the Prisoner of War (POW) medal.

3. The applicant states that the FSM was captured by the enemy and died while a POW. The FSM was listed as missing in action (MIA), but subsequent eyewitness accounts established that he was captured by the Chinese.

4. The FSM’s military records could not be located and are presumed to have been destroyed in the fire at the records repository at St. Louis, Missouri, in 1973. The following information was derived from documents submitted by the applicant himself.

5. The FSM was an infantry sergeant serving in Korea during the Korean War. He was reported as missing in action on 24 April 1951 and was presumed dead on 16 March 1954.

6. In a letter from the (then) Reserve Components Personnel and Administration Center (RCPAC) dated 21 March 1973, to a member of Congress, the RCPAC stated that the FSM was reported as MIA after he was last seen in a defensive position during a heavy enemy attack. The FSM’s company was overrun by enemy forces and forced to withdraw to new positions. When the company was reorganized after the withdrawal, the FSM could not be located. The RCPAC continued that when the Korean War POW’s were released, the POW’s that served with the FSM were questioned and one soldier stated that he knew that the FSM had been captured by the enemy, but had been separated from him in the POW camp and never saw or heard from him again.

7. In the statement made by the former POW, he said that the FSM had passed out on the road to the mining camp. He had dysentery at the time. The former POW never heard or saw the FSM again. The former POW stated that he didn’t know whether the FSM was dead or alive.

8. The POW Medal was authorized on 8 November 1985 and is awarded to individuals who in past armed conflicts were taken prisoner or held captive. Past conflict in this instance means only World War I, World War II, the Korean War and the Vietnam War. Hostages of terrorists and persons held by governments with which the United States is not engaged in armed conflict are not eligible.

CONCLUSIONS:

1. The statement made by the former POW who served with the FSM makes it clear that the FSM was, indeed, a POW prior to his presumption of death. As such, it would be appropriate to award him the POW Medal.
2. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by awarding to the individual concerned the POW Medal.

BOARD VOTE:

__mkp___ ___tbr___ ____rks_ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _________Margaret K. Patterson__
                  CHAIRPERSON




INDEX

CASE ID AR2001055643
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20010807
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 107.00
2.
3.
4.
5.
6.



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