RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 28 February 2008
DOCKET NUMBER: AR20070014988
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.
Ms. Catherine C. Mitrano
Director
Ms. Joyce A. Wright
Analyst
The following members, a quorum, were present:
Mr. Richard Dunbar
Chairperson
Ms. Maria Troup
Member
Mr. David Gallagher
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, reconsideration of his earlier request to correct his records to show that he was a Prisoner of War (POW).
2. The applicant states, in effect, that his records should be corrected to show that he was a POW.
3. The applicant provides a copy of 187th Airborne Regimental Combat Team Special Orders Number 412, dated 22 September 1952, and letter from the Patient Representative, Department of Veterans Affairs (VA), in support of his request.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20060003296, on 11 October 2006.
2. The Board concluded that the applicant's military records were remarkably complete, and included his reenlistment physical examinations. There was no mention in any of these records of the applicant being a POW. The statement from the VA patient representative was insufficient, in and of itself, to warrant correcting his records to show that he was a POW.
3. The applicant's new argument, as stated in his request, is the same as the argument he presented previously.
4. The applicant provided, as new evidence, a copy of 187th Airborne Regimental Combat Team Special Orders Number 412, dated 22 September 1952, signed by the Assistant Adjutant General (AG). These orders indicate that he was serving as a forward observer, with Company A, 1st Battalion, 24th Infantry Regiment, 25th Infantry Division, when he was taken as a POW by the North Korean Army Forces on 12 August 1951 and was officially released on 2 September 1952, near Wonju, Korea.
5. The applicant provided a copy of the same letter, from the patient representative, VA Medical Center, Denver, Colorado, dated 7 May 1999,
that was discussed and was given consideration by the Board in his previous Record of Proceedings.
6. Item 6 (Original Assignment and Organizations to Which Subsequently Assigned During This Period of Service), of the applicant's WD AGO Form 24A (Service Record), shows that he was never listed as a POW from 12 August 1951 to 2 September 1952.
7. Information provided by the Army Human Resources Command (AHRC)-Alexandria, Repatriations Branch, revealed that the applicant's name did not appear on the POW List.
8. Army Regulation 600-8-22 provides, in pertinent part, for award of the POW Medal. The regulation states that 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 is defined as World War I, World War II, the Korean War, the Vietnam War, and the Persian Gulf War. Hostages of terrorists and persons held by governments with which the United States is not engaged in armed conflict are not eligible.
DISCUSSION AND CONCLUSIONS:
1. The applicants new argument, which was the same as the argument he previously provided the Board, was carefully considered.
2. Documentation presented as new evidence indicated that he was serving as forward observer, with Company A, 1st Battalion, 24th Infantry Regiment, 25th Infantry Division, when he was taken as a POW by the North Korean Army Forces on 12 August 1951 and was officially released on 2 September 1952, near Wonju, Korea.
3. The applicants audit trail of assignments failed to show that he was a POW during the period 12 August 1951 to 2 September 1952. In fact, his records reveal that he held assignments during this period; including several in the United States. There is no evidence of record to show he was a POW during the period 12 August 1951 to 2 September 1952, while serving in Korea. Therefore, there is insufficient evidence to correct his records to show that he was a POW during the Korean War or to show that he met the criteria for award of the POW Medal.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___RTD _ __DG____ ___T___ 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 to amend the decision of the ABCMR set forth in Docket Number AR20060003296, dated 11 October 2006.
____Richard T. Dunbar___
CHAIRPERSON
INDEX
CASE ID
AR20070014988
SUFFIX
RECON
AR20060003296
DATE BOARDED
20080828
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19641031
DISCHARGE AUTHORITY
AR 635-200, chap 12
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
107
2.
3.
4.
5.
6.
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