IN THE CASE OF:
BOARD DATE: 19 April 2011
DOCKET NUMBER: AR20100025375
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 record be corrected to show he was a prisoner of war in Laos.
2. The applicant states that, although his record shows he was stationed in Korea, he was associated with Air America and captured by the Laotian communists. He was held by the Pathet Lao from 15 May 1961 to 18 August 1962. He relates that he has numerous newspaper articles to substantiate his request.
3. The applicant provides no substantiating documents.
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, a retired Regular Army colonel, was designated an Army Aviator in 1956 and an officer of the Regular Army in 1971.
3. An officer evaluation report (OER) for the period February 1961 to November 1962 showed he was assigned to U.S. Army Data Analysis Group, Washington, DC for special assignment. Part II (Duty Assignments for Rated Period) notes, in part, "15 May 61 to 17 Aug 62 incarcerated by unfriendly forces."
4. The Part III of the OER relates:
During the initial period of this report Captain S____ was on duty
with unit in a special assignment. In this assignment S____
participated in numerous troop movements and supply missions
as a rotary wing pilot. During these operations he was often
required to fly six to eight hours a day and many times his aircraft
was submitted to hostile small arms fire. While on a troop
movement operation over unfriendly territory
was required to
make an emergency landing in order to save the passengers and
crew
From 15 May 1961 to 17 August 1962 S____ was
incarcerated by hostile forces
was awarded the Air Medal.
5. A list maintained by The Defense Technical Information Center Defense Prisoners of War/Missing Personnel Office Korean War, Vietnam War and Cold War [located on-line at http://www.dtic.mil/dpmo/vietnam] shows he was a prisoner of war in Laos from 15 May 1961 to 15 August 1962.
6. When he retired in 1980 the awards listed on his DD Form 214 (Certificate of Release from Active Duty), item 13 (Decorations, Medals, Badges, Citations, Campaign Ribbons, Awarded or Authorized) did not include the Prisoner of War Medal.
7. Army Regulation 635-5 (Separation Documents) currently provides that block 18 (Remarks) contain certain specific notations including: For a Soldier with PRISONER OF WAR (POW) DOCUMENTATION (whether or not eligible for award of POW medal), enter "PRISONER OF WAR, (unit of assignment/country) (date of capture and release date)."
8. Army Regulation 600-8-22 (Military Awards) states the Prisoner of War Medal was authorized on 8 November 1985 and is awarded to individuals who in past armed conflicts were taken prisoner or held captive after 5 April 1917. The
Prisoner of War Medal is to be issued only to those U.S. military personnel and other personnel granted creditable U.S. military service that were taken prisoner and held captive:
* while engaged in an action against an enemy of the United States
* while engaged in military operations involving conflict with an opposing foreign force
* while serving with friendly forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party
DISCUSSION AND CONCLUSIONS:
1. The applicant states that he was captured by the Laotian communists and held by the Pathet Lao from 15 May 1961 to 18 August 1962.
2. His OER for the period in question states that he was a POW in Laos from 15 May 1961 to 17 August 1962. The Department of Defense Prisoners of War/Missing Personnel Office confirms this information but lists the terminal date as 15 August 1962.
3. Block 18 (Remarks) of his DD Form 214 should be corrected by adding this POW information.
4. He should be awarded the POW Medal and it should be added to his DD Form 214 as an authorized award.
BOARD VOTE:
__X_____ ____X___ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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:
a. entering in block 18 of his DD Form 214, "PRISONER OF WAR, LAOS, 19610515-19620815" and
b. awarding him the POW Medal and listing it as an authorized award on his DD form 214.
____________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) AR20100025375
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ABCMR Record of Proceedings (cont) AR20100025375
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