IN THE CASE OF:	  

		BOARD DATE:	       16 October 2008

		DOCKET NUMBER:  AR20080007714 


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, in effect, that his DD Form 214 (Report of Separation from the Armed Forces of the U.S.) be corrected to show his Prisoner of War (POW) status and, in effect, award of the POW Medal.

2.  The applicant states, in effect, that he cannot recall all of the details of the event.  He was with the 392nd Graves Registration Company recovering remains when he and several other Soldiers were surrounded by North Koreans.  He does not remember how long they were held.  He indicates that a veteran's representative told him that a psychiatrist may be able to dig into his head and relive his past.  However, he refuses to do so.  He just wants his benefits restored the way they were.  Somewhere between two Department of Veterans Affairs (DVA) offices, his dental benefits were omitted.  

3.  The applicant provides a copy of his DD Form 214, in support of his application.

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.  The applicant’s military records are not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the applicant’s records were lost or destroyed in that fire.  The only document available for review is the applicant's DD Form 214. 

3.  The applicant's DD Form 214 shows that he served in the Army of the United States from 12 February 1953 through 6 January 1955.  He served with the 392nd Quartermaster Graves Registration Company in the Republic of Korea (ROK) as a graves registration specialist.  He attained the grade of corporal and received the Army Good Conduct Medal, the National Defense Service Medal, the Korean Service Medal, the United Nations Service Medal, and the ROK Presidential Unit Citation.

4.  There is no evidence in the official record showing that the applicant was involved in any incident involving North Koreans or that he was held as a POW.  The applicant's name does not appear on the Defense Prisoner of War/Missing Personnel Office List as a POW.

5.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the POW Medal is awarded only to those U.S. military personnel and other personnel granted creditable U.S. military service, who were taken prisoner and held captive (1) while engaged in an action against an enemy of the U.S.; 
(2) while engaged in military operations involving conflict with an opposing foreign force; (3) while serving with friendly forces engaged in an armed conflict against an opposing armed force in which the U.S. is not a belligerent part; or
(4) by foreign armed forces that are hostile to the U.S., under circumstances which the Secretary concerned finds to have been comparable to those under which persons have generally been held captive by enemy armed forces during periods of armed conflict.  





DISCUSSION AND CONCLUSIONS:

1.  The applicant’s military records are not available to the Board for review.  It is believed that his records were lost or destroyed in the 1973 fire at the National Personnel Records Center.    

2.  The applicant contends that he was held as a POW by the North Koreans.  However, he does not remember the date of the event or how long he was held by the enemy.  

3.  Given the above regulatory guidance, the applicant has not provided any evidence to show he meets the criteria to establish POW status or be awarded the POW medal.  In order to establish POW status the applicant must show that he was taken prisoner and held captive (1) while engaged in an action against an enemy of the U.S.; (2) while engaged in military operations involving conflict with an opposing foreign force; (3) while serving with friendly forces engaged in an armed conflict against an opposing armed force in which the U.S. is not a belligerent part; or (4) by foreign armed forces that are hostile to the U.S., under circumstances which the Secretary concerned finds to have been comparable to those under which persons have generally been held captive by enemy armed forces during periods of armed conflict.  He has not met the criteria to establish POW status.

4.  In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant did not submit any evidence that would satisfy this requirement.

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.


															XXX
      ______________________
               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)                                         AR20080007714



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ABCMR Record of Proceedings (cont)                                         AR20080007714



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