IN THE CASE OF:
BOARD DATE: 17 December 2009
DOCKET NUMBER: AR20090010831
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 that his records be corrected to show that he was a prisoner of war (POW).
2. The applicant states that the documentation he provides proves he was a POW. He is asking for this correction so his paraplegic wife will be cared for in the event of his death.
3. The applicant provides newspaper articles on the Korean War. In those articles the only mention of the applicant was his interview. In his interview the applicant gave a brief snapshot of his service during the Korean War. He did not mention being captured or being a POW.
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 applicants 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 applicants 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 records could not be located and are presumed to have been destroyed in the fire at the Records Repository at St. Louis, MO in 1973. The following information was taken from the applicant's DD Form 214 (Report of Separation from Active Duty).
3. The applicant enlisted in the Regular Army on 24 December 1948 and was honorably discharged in the rank of corporal on 24 May 1952. His DD Form 214 shows that he was awarded the Combat Infantryman Badge, the Korean Service Medal with 2 bronze service stars, the Army of Occupation Medal with Japan Clasp, and the Purple Heart for a gunshot wound in Korea on 1 December 1950.
4. The National Archives and Records Administration, Records of Repatriated Korean War POWs was created between 1978 and 1980 and documents the period between 5 July 1950 and 6 October 1954. These records do not contain the applicant's name.
5. 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 conflicts in this instance mean World War I, World War II, the Korean War and the Vietnam 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 applicant has not submitted any evidence to show he was a POW and his DD Form 214 does not show he was a POW.
2. The National Archives and Records Administration, Records of Repatriated Korean War POWs does not contain the applicant's name.
3. It is noted that when the applicant was interviewed for the newspaper article written on the Korean War, he did not mention ever being a POW.
4. Without evidence to corroborate the applicant's contention that he was a POW, there is insufficient evidence in which to grant his request.
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.
_______ _ _x______ ___
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.
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