IN THE CASE OF:	  

		BOARD DATE:	  21 October 2010

		DOCKET NUMBER:  AR20100011870 


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 the records of his deceased brother, a former service member (FSM), be corrected to show his status as a prisoner of war (POW).

2.  The applicant states the FSM was a crewmember on a helicopter that was shot down near Hue in the Republic of Vietnam (RVN) and he died in captivity on 31 January 1968 while a POW.

3.  The applicant provides a copy of his birth certificate along with an honorable service certificate, helicopter incident report, four letters, and Defense Prisoner of War/Missing Personnel Office Report (page 2).

CONSIDERATION OF EVIDENCE:

1.  The FSM enlisted and entered active duty in the Regular Army for a period of 3 years on 18 April 1966.  Upon completion of training he was awarded military occupational specialty 67N (Single Rotor Turbine Helicopter Mechanic).  The FSM was assigned to Troop B, 1st Squadron, 9th Cavalry, 1st Cavalry Division (Airmobile), in the RVN on 24 June 1967.

2.  A casualty report shows the FSM was reported missing at 1000 hours on 31 January 1968.  He was last seen while serving as a crew chief on a UH-1B gun run in the vicinity of Thua Thien, RVN, when the aircraft was hit by hostile small arms fire.  The aircraft crashed, but did not burn, and a search for the FSM was conducted.

3.  A DD Form 1300 (Report of Casualty) shows the FSM died on 31 January 1968 in Vietnam from wounds received while a crew chief on a military aircraft when the aircraft was hit by hostile small arms fire and crashed.  The FSM's date of death was confirmed on 12 February 1968.

4.  In support of the request, the applicant provides copies of the following documents:

	a.  A Certificate of Honorable Service issued in grateful memory of the FSM's honorable service in the Armed Forces of the United States of America, who died while in the service of his country as a member of the Army of the United States on 31 January 1968.

	b.  Headquarters, U.S. Army Human Resources Command (HRC), Alexandria, VA, letter, dated 26 January 2010, from the Chief, Military Awards Branch (MAB).

		(1)  The MAB Chief acknowledged that the Army Board for Correction of Military Records (ABCMR) awarded the POW Medal to Mr. W____ B____ [the individual piloting the helicopter on 31 January 1968].  However, there was insufficient evidence to award the POW Medal to the FSM.

		(2)  The MAB Chief confirmed the FSM was entitled to the following awards and decorations:  Bronze Star Medal, Air Medal with Numeral 10, Purple Heart, Army Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Aircraft Crewmember Badge, Marksman Marksmanship Qualification Badge with Rifle Bar, Valorous Unit Award (1st Oak Leaf Cluster), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Military Merit Medal.

	c.  A two-page incident report on U.S. Army Helicopter UH-1B 63-12915 from the Fly Army website shows the FSM was a crewmember on the aircraft that was lost on 31 January 1968 in South Vietnam.  The report also contains a "war story" added by Mr. B____ [the aircraft's pilot].  He describes the incident and gives an account of how the crew of four was taken captive by the Viet Cong and the chaos that followed.  He adds that the co-pilot and the FSM were shot by the enemy.  However, he was rescued along with the door gunner and they were airlifted to a U.S. military base.

	d.  A letter from Mr. R____ C____, Defense Personnel Management Office, Office of the Secretary of Defense, undated, advises the applicant on the procedure for applying for the POW Medal.

	e.  An email message from the applicant to Mr. C____ advises him that Mr. B____ [the aircraft's pilot] had informed him the names of the crew of the helicopter that crashed on 31 January 1968 had been added to the Defense Prisoner of War/Missing Personnel Office confirming their POW status.

	f.  An HRC letter, dated 9 March 2010, from the MAB Chief to the applicant shows that based on the new evidence that the Defense Prisoner of War/Missing Personnel Office has added the FSM's name to the POW list, posthumous award of the POW Medal to the FSM was approved.  It was forwarded to the applicant along with instructions on getting it engraved.

5.  A review of the Defense Prisoner of War/Missing Personnel Office U.S. Accounted-For from the Vietnam War - Prisoners of War, Escapees, Returnees, and Remains Recovered Report for U.S. Army, confirms the FSM died in captivity on 31 January 1968 in South Vietnam and his remains were recovered.

6.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  Paragraph 2-9 states that the POW Medal was authorized on 8 November 1985 and is authorized for any person who, while serving in any capacity with the U.S. Armed Forces, was taken prisoner and held captive after 5 April 1917 while engaged in an action against an enemy of the United States.  This regulation also states that personnel officially classified as missing in action are not eligible for award of the POW Medal.  The POW Medal will only be awarded when the individual's POW status has been officially confirmed and recognized as such by the Department of the Army.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the FSM's records should be corrected to show his status as a POW because his name was recently added to the Defense Prisoner of War/Missing Personnel Office confirming his POW status.

2.  The evidence of record shows:

	a.  The Department of the Army reported the FSM missing in South Vietnam at 1000 hours on 31 January 1968 when the aircraft he was serving on as a crew chief was hit by hostile small arms fire and the aircraft crashed.

	b.  The crew of the helicopter, which included the FSM, was taken captive by the Viet Cong.

	c.  The Defense Prisoner of War/Missing Personnel Office U.S. Accounted-For from the Vietnam War - Prisoners of War, Escapees, Returnees, and Remains Recovered Report for U.S. Army confirms the FSM died in captivity on 31 January 1968 in South Vietnam.

	d.  The FSM was posthumously awarded the POW Medal.

3.  In view of the foregoing and based on the fact that the FSM's POW status has been officially confirmed and recognized as such by the Department of the Army, it would be appropriate to correct the FSM's records to show his POW status on 31 January 1968.

BOARD VOTE:

____X___  ____X___  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding a copy of the Defense Prisoner of War/Missing Personnel Office U.S. Accounted-For from the Vietnam War - Prisoners of War, Escapees, 


Returnees, and Remains Recovered Report for U.S. Army showing the FSM's POW status on 31 January 1968 along with this ABCMR Record of Proceedings.



      ____________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)                                         AR20100011870



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ABCMR Record of Proceedings (cont)                                         AR20100011870



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