RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  22 February 2007
	DOCKET NUMBER:  AR20060006316 


	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.  



Director


Analyst


The following members, a quorum, were present:



Chairperson


Member


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, in effect, that his military records be corrected to show that he was a prisoner of war (POW) during the Korean War.

2.  The applicant essentially states that the records are absent his service as a POW.  

3.  The applicant provides a VA Form 21-4138 (Statement in Support of Claim), letters from his sister and a war buddy, and an acknowledgement letter from the Army Review Boards Agency Support Division, St Louis, Missouri in support of this application.   

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 
27 April 1955, the date of his discharge.  The application in this case is dated 
28 March 2006.

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 limitations 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’s complete military records are not available for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that a portion of the applicant's records were lost or destroyed in that fire.  However, there are sufficient remaining documents available to conduct a fair and impartial review of this case.  
4.  The applicant provided a letter, dated April 2006 from his sister.  This letter stated, in effect, that in April 1951, the applicant and she used to correspond when he was in Korea.  During that period she stopped receiving any letters from the applicant.  She was very concerned, so she wrote to the Postmaster of the applicant’s company.  The Postmaster responded and told her that the applicant was a POW for 17 days.  

5.  The applicant provided another letter, dated 24 April 2006, from a gentlemen who claims to have met the applicant at a rendezvous area in September or October of 1950, and that he and the applicant have remained good friends to this day.  This gentlemen stated, in effect, that he was in the Air Force, while the applicant was in the Army.  He also stated that in 1951, they were transferred to an area where he could either get a land line or take a jeep so he could go see the applicant.  He continued by stating that at the beginning of April, he lost contact with the applicant, and when he called the applicant’s company and spoke to a warrant officer, he was told that the applicant was a POW.  He concluded by essentially stating that around 20 April 1951, he called the applicant’s company and spoke to the same warrant officer, who told him “all was well and they are back safe and sound. “  

6.  The available records show that the applicant did in fact serve in Korea, and was twice wounded in action.  He was awarded the Silver Star, the Combat Infantryman Badge, and other awards and decorations.  However, the available records did not provide any evidence that the applicant was ever taken prisoner or held captive.  Although the available records contain his induction physical examination and the physical examination given at the time of his separation, there was not a repatriation physical in his records.  Additionally, a search of the National Archives and Records Administration Korean War Data File of American Prisoners of War from 1950 to 1953 using the applicant’s last name, service number, or dated of birth failed to provide any evidence that the applicant was a POW.

7.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Prisoner of War Medal.  The regulation states that the Prisoner of War Medal was authorized on 8 November 1985 and is awarded to individuals who in past armed conflicts were taken prisoner or held captive.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected to show that he was a POW during the Korean War.

2.  The letters the applicant provided from his sister and war buddy contending they were told the applicant was a POW were noted.  However, these letters are not corroborated by information in his available military records or the National Archives and Records Administration Korean War Data File of American Prisoners of War from 1950 to 1953.    


3.  While the Board does not doubt the veracity of the applicant’s claim to have been a POW during the Korea War, regrettably, absent evidence which conclusively shows the applicant was taken prisoner or held captive, there is no basis for correcting his military records to show that he was a POW during the Korean War.  

4.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 27 April 1955; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
26 April 1958.  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.

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__MM___  ___JM  __  __QS___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.




_____  Mark Manning_______
          CHAIRPERSON




INDEX

CASE ID
AR20060006316
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070222
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY
AR 15-185
ISSUES         1.
107.0029.0000
2.

3.

4.

5.

6.