IN THE CASE OF:	   

		BOARD DATE:	  1 December 2011

		DOCKET NUMBER:  AR20110009340 


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 his official military personnel file (OMPF) to show he was in a prisoner of war (POW) status.

2.  The applicant states:

   a.  He and five other Soldiers were captured in Pleiku, Vietnam when their truck convoy was hit by enemy fire and shot down.
   
   b.  He and the others were held five days and released from the prison camp by the Viet Cong on a Vietnamese holiday to show some sort of propaganda.
   
3.  The applicant provides a self authored statement.

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 applicant was inducted into the Army of the United States on 16 December 1965 and he held military occupational specialty 71B (Clerk Typist).

3.  He served in Vietnam as a movement specialist with the 123rd Transportation Company from 12 January to 5 December 1967.

4.  He was honorably released from active duty on 8 December 1967.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* Army Good Conduct Medal
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal
* two overseas service bars

5.  There is no indication in his records, such as an entry on his DA Form 20 (Enlisted Qualification Record), a change in duty status, a casualty report reporting him missing, or any other documents to show he was in a POW status.

6.  The applicant's record contains National Personnel Records Center (NPRC) letter dated 30 May 2011.  It shows the NPRC could not process his request for POW status because his records were on loan to the Army Review Boards Agency Support Division.

7.  Army Regulation 600-8-22 (Military Awards) provides for the POW Medal.  The POW Medal 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.  The POW 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, or 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 or 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.  For purposes of this medal, past armed conflicts are defined as World War I, World War II, Korean War, Vietnam Conflict, Grenada, Panama, Southwest Asia Conflict, and Somalia.

8.  Army Regulation 635-5 (Separations Document) establishes the standardized policy for preparing and distributing discharge documents.  It states that awards and decorations for all periods of service will be entered on the DD Form 214 in the priority sequence specified in Army Regulation 600-8-22 and that for a Soldier with POW documentation, enter "PRISONER OF WAR, (UNIT OF ASSIGNMENT/COUNTRY), (DATE OF CAPTURE AND RELEASE DATE)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Vietnam from 12 January to 5 December 1967.  Nothing in his records shows he was captured by the enemy in Vietnam.  In the absence of additional evidence such as operation orders, duty status reports, morning reports, security debriefings, or any other corroborating evidence that conclusively confirms he was captured by the enemy, there is insufficient evidence to grant him POW status.

2.  The applicant and all others concerned should know that this action related to award of POW status in no way diminishes the sacrifices made by him in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.

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.



ABCMR Record of Proceedings (cont)                                         AR20110009340





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ABCMR Record of Proceedings (cont)                                         AR20110009340



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