IN THE CASE OF:
BOARD DATE: 12 July 2011
DOCKET NUMBER: AR20100029246
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, in effect, the military records of her deceased husband, a former service member (FSM), be corrected to show he was a prisoner of war and awarded the Prisoner of War Medal.
2. The applicant states as the widow of a former prisoner of war she may receive some compensation.
3. The applicant provides:
* her marriage certificate
* her husband's death certificate
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 FSMs military records are not available to the Board for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. He was inducted into the Army of the United States and entered active duty on 13 March 1942. He completed basic combat and advanced individual training and was awarded military occupational specialty 050 (Bridge Carpenter).
4. He arrived in the China Burma India Theater of Operations on 3 April 1944 and he departed that theater on 10 November 1945. He was released from active duty on 2 December 1945.
5. The National Archives Repatriated World War II Prisoner Data File does not list the FSM as having been captured by the enemy.
6. 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 who 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
* 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. There is no evidence in his available records to show he was a prisoner of war.
2. The National Archives Repatriated World War II Prisoner Data File does not list the FSM as a prisoner of war.
3. Regrettably, in view of the above there is an insufficient basis to award the Prisoner of War Medal in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__X_____ __X_____ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant's husband in service to our Nation. The applicant and all Americans should be justifiably proud of her husband's service in arms.
_______ _ 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) AR20100029246
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ABCMR Record of Proceedings (cont) AR20100029246
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