IN THE CASE OF:
BOARD DATE: 7 August 2008
DOCKET NUMBER: AR20080010660
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, official recognition of his prisoner of war (POW) status during the Persian Gulf War in 1991.
2. The applicant states he has a permanent, P-3 psychological profile as a result of having been captured from 4-9 March 1991 during the Persian Gulf War. Because there is no proof in his Official Military Personnel File (OMPF) to explain his P-3 profile, he is afraid he will not be promoted to Sergeant First Class (SFC/E-7).
3. The applicant provides:
a. A copy of a self-authored memorandum, dated 31 January 2008, to the Commander, US Army Enlisted Records and Evaluation Center, Indianapolis, IN.
b. A copy of a self-authored memorandum, dated 24 June 1992, to the Commander, Army Personnel Center [now US Army Human Resources Command], Alexandria, VA, requesting a copy of a line of duty investigation.
c. A copy of a 4-page, self-authored "Desert Storm POW/MIA Release Statement.
d. A copy of a letter from Mortuary Affairs and Casualty Support Division, US Total Army Personnel Command [now US Army Human Resources Command], Alexandria, VA, dated 10 July 1991, to a Member of Congress.
e. Copies of 2 letters from a Member of Congress to the applicant, dated
23 July 1991 and 30 June 1992.
f. A copy of a 26 June 1992 memorandum to Commander, Army Personnel Center, Alexandria, VA, subject: Line of Duty Investigation.
g. A copy of a newspaper article from the New York Times, dated Sunday, 10 March 1991, and entitled After the War: The Disorder That Is Iraq 40 Journalists and 2 G.I.'s Are in Jordan After Release.
CONSIDERATION OF EVIDENCE:
1. The applicant is a Regular Army Staff Sergeant (SSG/E-6). In 1991, he was a Private assigned to the 9th Engineer Battalion, 7th Engineer Brigade, VII Corps. He was originally stationed in Aschaffenberg, Germany, but his unit deployed to Saudi Arabia for Operation Desert Shield/Desert Storm.
2. US combat operations in the Persian Gulf War commenced on 16 January 1991 and ceased on 28 February 1991. On 3 March 1991, Iraq officially accepted the terms of the cease fire.
3. The applicant and a Lieutenant from his unit became lost while driving a High Mobility Multipurpose Wheeled Vehicle (HMMWV) during an attempt to locate the Lieutenant's brother's unit and were taken into custody and detained by Iraqi soldiers. The applicant and his Lieutenant were relieved of their vehicle and weapons and taken to a holding area where a number of foreign journalists were also being held. They were held until 9 March 1991 at which time they were transported to Jordan, where they boarded an aircraft and were flown to Saudi Arabia and ultimately returned to their unit.
4. On 10 July 1991, the Director, Casualty and Memorial Affairs, US Total Army Personnel Command [now US Army Human Resources Command], Alexandria, VA explained to the applicant's Congressman that the applicant was never a prisoner of war, but rather was a detainee, defined as any casualty, other than one captured or interned, who is known to have been taken into custody against his will.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests, in effect, that he be certified as a Persian Gulf War prisoner of war. He requests this action in order to explain his P-3 psychological profile when his records are placed before the SFC promotion board.
2. The applicant was never a prisoner of war; rather he was a detainee of the Iraqi government due to his becoming lost on 4 March 1991 and venturing into Iraqi-held territory. His request for POW status cannot be approved.
3. A copy of this Record of Proceedings will be placed in the applicant's OMPF and may serve as an explanation of the events which occurred during the period 4-9 March 1991 during which he became a detainee of the Iraqi government.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__xxx___ __xxx___ __xxx___ 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) AR20080010660
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