IN THE CASE OF:	  

		BOARD DATE:	      2 APRIL 2009

		DOCKET NUMBER:  AR20080014405 


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 correction of his records to show his prisoner of war (POW) status.

2.  The applicant states that his POW status was omitted from his DD Form 214 (Certificate of Release or Discharge from Active Duty) at the time of his retirement.  He alleges that he was held captive in Iran from 4 November 1979 to 20 January 1981.

3.  The applicant provides a letter, dated 10 March 1982, from the Department of the Army Office of the Adjutant General, Alexandria, VA and his DD Form 214 for the period ending 30 September 1993 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 enlisted in the Regular Army on 29 March 1961.  He completed infantry training and was awarded military occupational specialty (MOS) 111.00 (rifleman).  He was later reclassified into MOS 76K (senior supply sergeant).  He continued to serve on active duty through a series of reenlistments.

3.  The applicant's DA Form 2-1 (Personnel Qualification Record - Part II) shows he served in Iran from 17 July 1974 through 20 January 1981.

4.  The applicant provided a letter, dated 10 March 1982, from the Office of the Adjutant General which informed him of Public Law 97-37, the Former Prisoner of War Benefits Act of 1981.  The letter indicated that the applicant was identified as one of the country's former POWs and upon honorable separation from the service he could possibly be entitled to the benefits prescribed in this new law.

5.  In a 3 December 1991 memorandum, the Commandant, U.S. Army War College, Carlisle Barracks, PA, stated that "SGM R____ was granted an exception to policy and permitted to remain on active status beyond 30 years to complete necessary medical procedures resulting from his ordeal as a hostage in Iran.

6.  The applicant was released from active duty on 30 September 1993 for retirement.  He had completed 32 years, 6 months, and 3 days of active military service.

7.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  The version in effect at the time did not provide guidance for POW status to be reflected on the DD Form 214.

8.  Title 50, U.S. Code, section 2005, defines "prisoner of war" as any regularly appointed, enrolled, enlisted, or inducted member of the military or naval forces of the United States who was held as a POW for any period of time subsequent to 7 December 1941 by any government of any nation with which the United States has been at war subsequent to such date.



9.  Army Regulation 600-8-22 (Military Awards) 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 by foreign armed forces that are hostile to the United States, 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 contention that he was held captive in Iran from 4 November 1979 to 20 January 1981 is noted.

2.  The 10 March 1982 letter from the Office of the Adjutant General indicated the applicant was identified as a POW.  Also, the 3 December 1991 memorandum indicated he was a "hostage in Iran."  However, the governing regulation in effect at that time did not provide for entry of POW status on the DD Form 214. Regrettably, there is no basis for granting the applicant’s request.

3.  However, there is sufficient evidence to show he has met the requirements for award of the POW Medal.  Therefore, his DD Form 214 should be amended to reflect award of the POW Medal to verify his POW status.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X_____  ____X____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the entry, "POW Medal (Iran Hostage)" to his DD Form 214.



2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correcting his records to show his POW status.  




      _______ _  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)                                         AR20080014405





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ABCMR Record of Proceedings (cont)                                         AR20080014405



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