RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         04 NOVEMBER 2004
      DOCKET NUMBER:  AR2004104375


      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. Kenneth H. Aucock             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Melvin Meyer                  |     |Chairperson          |
|     |Mr. James Anderholm               |     |Member               |
|     |Mr. Jonathon Rost                 |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests award of the Prisoner of War (POW) Medal.

2.  The applicant states that he was interned at the East German and West
German border by the Russians in 1959.  He was interned for three days.  He
was held against his will by our cold war enemy, the Russians.  With the
law changing in 2003 to allow POW status for less than 30 days, he meets
the requirements for the POW Medal.

3.  The applicant provides a copy of a newspaper article announcing a
television dramatization of the 54 hours during which four United States
Army trucks were detained by Soviet border guards on 2 February 1959.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 30 November 1976.  The application submitted in this case
is dated 23 February 2004.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant enlisted in the Army in 1956, completed training, and in
September 1956 was assigned to the 501st Transportation Company in Germany.
 He completed his tour in Germany and in September 1960 returned to the
United States.  The applicant continued his military service, serving
another tour of duty in Germany, and a tour of duty in Vietnam, attaining
the rank of sergeant first class.  On 15 April 1968 he was discharged from
his enlisted status.  He was appointed a warrant officer on 16 April 1968
and entered on active duty in that status.  The applicant retired from the
Army on 30 November 1976 with more than 20 years of service.

4.  Army Regulation 600-8-22 states that the POW Medal was established in
1985 and authorized for any person who, while serving in any capacity with
the United States Armed Forces, was taken prisoner and held captive after 5
April 1917.  It specifically states that hostages of terrorists and persons
detained by governments with which the United States is not engaged
actively in armed conflict are not eligible for that medal.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence, and the applicant has not provided any,
notwithstanding the newspaper article that he submits with his request,
that he was detained by the Russians as he so states.

2.  Even so, the United States was not engaged actively in armed conflict
with the Russian government and as such he is not entitled to award of the
POW Medal.

3.  The applicant has submitted neither probative evidence nor a convincing
argument in support of his request.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 30 November 1976; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on   29 November 1979.  However, the applicant did not
file within the 3-year statute of limitations and has not provided a
compelling explanation or evidence to show that it would be in the interest
of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__MM___  __JA____  ___JR  __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




                                  _____  Melvin Meyer_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004104375                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20041104                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0029                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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