IN THE CASE OF:	  

		BOARD DATE:  27 March 2012

		DOCKET NUMBER:  AR20110016057 


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 his Prisoner of War (POW) status be added to his
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states the Army was aware of his situation as a POW and his POW status was never added to his DD Form 214.  He would like his POW status added to his DD Form 214 for the purpose of receiving benefits from the Department of Veterans Affairs (VA) and so that he can have closure.  

3.  The applicant provides his evidence through counsel.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests consideration of the applicant's request.

2.  Counsel provides two newspaper articles, two Western Union telegrams and a copy of an article from Life magazine.

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 enlisted in the Regular Army on 17 January 1966.  He completed basic combat and advanced individual training and was awarded military occupational specialty 64B (Heavy Vehicle Driver).  He served in Vietnam from 20 July 1967 to 20 October 1969.

3.  His records contain a Western Union Telegram, dated 1 July 1968.  The telegram essentially states the applicant was a passenger on an aircraft that was forced to land on a Soviet base.  Upon landing there was no damage to the aircraft and none of the passengers or crew members were hurt.  The telegram further indicates the Department of State was in contact with the Soviet Embassy.

4.  His records contain a second telegram, dated 3 July 1968, which essentially informed his family the aircraft he had been a passenger on was released by the Soviet Union and had safely reached its intended destination with all personnel aboard. 

5.  The applicant provides two newspaper articles and one article from Life magazine.  All three articles describe what happened when his flight was forced to land.  The articles essentially state the aircraft accidently flew into Soviet air space and was forced to land by Soviet military aircraft.  They go on to explain how the passengers and crew members had to wait until the situation was resolved.  Once the situation was resolved and it became clear that the American aircraft accidently drifted into Soviet airspace they were permitted to leave and fly to their intended destination.

6.  He was honorably released from active duty on 15 April 1970.  His DD Form 214 does not show that he received the POW medal, or make mention of POW status.

7.  Army Regulation 600-8-22 (Military Awards) states 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, 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. Hostages of terrorists and persons detained by governments with which the United States is not engaged actively in armed conflict are not eligible for the medal.  Personnel who are officially classified as MIA (missing in action) are not eligible for award of the POW Medal.  The POW Medal will only be awarded when the individual’s prisoner of war status has been officially confirmed and recognized as such by the Department of the Army.  

DISCUSSION AND CONCLUSIONS:

1.  By regulation, the POW Medal is only awarded when the individual’s POW status has been officially confirmed and recognized as such by the Department of the Army.  In this case, there is no evidence in the available records and the applicant provided none that shows he was taken prisoner and held captive while engaged in an action against an enemy of the United States.  The United States was not at war with the Soviet Union at the time his aircraft was forced to land.

2.  The evidence he provided shows the aircraft was forced to land because it entered Soviet airspace.  This misunderstanding was quickly resolved and the aircraft was refueled and permitted to leave.  

3.  In view of the foregoing, there is no basis for granting the applicant's requested relief. 

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)                                         AR20110016057



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ABCMR Record of Proceedings (cont)                                         AR20110016057



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