IN THE CASE OF:
BOARD DATE: 26 October 2010
DOCKET NUMBER: AR20100010829
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 the records of her deceased husband, a former service member (FSM), to show he was a Korean prisoner of war (POW).
2. The applicant states she received a letter from the National Personnel Records Center stating there was evidence of the FSM's POW status within the veteran's service record book. She further states the FSM was a POW 1 1/2 years.
3. The applicant provides a letter from the Military Archives Division, dated 31 May 1983; a letter from the National Personnel Records Center, dated
15 January 2010; and a photocopy of the FSM's vehicle license plate "PW 4219."
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 FSM's military records show he enlisted in the Regular Army on 28 January 1949. He was awarded the military specialty number 3666 (Medical Technician). The highest rank he held was corporal.
3. His DA Form 24A (Service Record) shows he served in Korea during the period 25 September 1950 to 21 December 1951.
4. His DD Form 214 for the period ending 12 June 1952 shows he completed 3 years, 4 months, and 15 days of net service for pay purposes during this period of active duty. His records further show he served two additional periods of active duty during the periods 15 July 1952 to 30 June 1954 and 30 August to 25 November 1960.
5. The applicant provided a letter from the Military Archives Division, dated 31 May 1983, which states the FSM's name does appear among the "Names of Allied POW's United Nations Command (UNC) and Republic of Korea (ROK) exchanged with communists during Sub-Delegates Meetings on item 4" (Record Group 319, Records of the Army Staff). It further states the FSM's name also does appear on the computer printout list of Korean Conflict POWs prepared from Department of Veterans Affairs tapes. The font size and spacing of both "does" entries are different from other entries on the document.
6. The applicant also provided a photocopy of the FSM's vehicle license plate which shows "PW 4219" and "FORMER POW."
7. A search of the FSM's available military records failed to reveal any evidence he was a POW.
8. A search of the Korean War Data File of American POWs from 1950-1953 revealed no record of the FSM being a POW.
9. A National Personnel Records Center letter, dated 15 January 2010, states there is no evidence of the FSM's POW status within the veterans service record book.
DISCUSSION AND CONCLUSIONS:
1. While the applicant provided a photocopy of the FSM's POW vehicle license plate and the 1983 letter from the Military Archives Division, the font size and spacing of both "does" entries on the 1983 letter are different from other entries on the letter.
2. There is no evidence in his available military records and no entry found in the Korean War Data File of American POW's to indicate the FSM was a POW. As such, there is insufficient evidence to confirm the information in the letter from the Military Archives Division, dated 31 May 1983; therefore, the available evidence is insufficient to support correcting the FSM's records to show he was a Korean POW.
BOARD VOTE:
___X____ ___X____ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ 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.
ABCMR Record of Proceedings (cont) AR20100010829
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ABCMR Record of Proceedings (cont) AR20100010829
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