Search Decisions

Decision Text

ARMY | BCMR | CY2013 | 20130003923
Original file (20130003923.txt) Auto-classification: Denied

		IN THE CASE OF:	

		BOARD DATE:	  17 October 2013

		DOCKET NUMBER:  AR20130003923 


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 the award of the Prisoner of War Medal.

2.  The applicant states, in effect, he was a prisoner of war (POW) from June 1965 to December 1965.

3.  The applicant provides page one of his application to the Department of Veterans Affairs (VA) for compensation or pension.  

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.  He enlisted in the U.S. Army Reserve on 30 January 1958.  On 5 May 1964, he enlisted in the Regular Army.

3.  He was assigned as a cook to the 8th Field Hospital in the Republic of Vietnam from 11 May 1965 to 1 May 1966.

4. On 4 May 1967, he was discharged by reason of completing his term of service.

5.  A listing from the Defense Prisoner of War/Missing Personnel Office does not list the applicant as having been a POW during the Vietnam War.

6.  Army Regulation 600-8-22 (Military Awards) states the POW 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 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
* 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:

The Defense Prisoner of War/Missing Personnel Office does not show the applicant was a POW during the Vietnam War.  He has provided no substantive evidence to show he was a POW during the Vietnam War.  Therefore, there is insufficient evidence to award the POW Medal in this case.

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)                                         AR20130003923





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130003923



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2014 | 20140002748

    Original file (20140002748.txt) Auto-classification: Denied

    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. The Defense Prisoner of War/Missing Personnel Office does not show the FSM was a POW during the Vietnam War. The applicant has provided no substantive evidence to show the FSM was a POW during the Vietnam War.

  • ARMY | BCMR | CY2014 | 20140002900

    Original file (20140002900.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). 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. He has provided no substantive evidence to show he was a POW during the Vietnam War.

  • ARMY | BCMR | CY2011 | 20110009340

    Original file (20110009340.txt) Auto-classification: Denied

    The applicant requests correction of his official military personnel file (OMPF) to show he was in a prisoner of war (POW) status. 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)." Nothing in his records shows he was captured by the enemy in Vietnam.

  • ARMY | BCMR | CY2014 | 20140014690

    Original file (20140014690.txt) Auto-classification: Denied

    The applicant contends that his records should be corrected to show his POW status and that he was awarded the POW Medal and the PH. The photographs offer insufficient evidence to support the applicant's claim that he was a POW. The applicant's military service records fail to show he was held POW.

  • ARMY | BCMR | CY2011 | 20110016057

    Original file (20110016057.txt) Auto-classification: Denied

    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). The United States was not at war with the Soviet Union at the time his aircraft was forced to land. _______ _ 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.

  • ARMY | BCMR | CY2008 | 20080007714

    Original file (20080007714.txt) Auto-classification: Denied

    The applicant requests, in effect, that his DD Form 214 (Report of Separation from the Armed Forces of the U.S.) be corrected to show his Prisoner of War (POW) status and, in effect, award of the POW Medal. The applicant’s military records are not available to the Board for review. The applicant’s military records are not available to the Board for review.

  • ARMY | BCMR | CY2008 | 20080019395

    Original file (20080019395.txt) Auto-classification: Denied

    The applicant states that his military service records do not identify him as a POW, but that his Silver Star citation clearly shows that he was surprised by an enemy soldier on 2 November 1950 in Korea and was forced to surrender. 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. _________XXX______________ CHAIRPERSON I certify that herein is recorded the true and complete record of...

  • ARMY | BCMR | CY2013 | 20130022067

    Original file (20130022067.txt) Auto-classification: Denied

    The applicant requests, in effect, correction of his military records by showing he qualified for award of the Prisoner of War (POW) Medal. Army Regulation 600-8-22 (Military Awards) Army Regulation 600-8-22 (Military Awards) states the POW 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. a. There is no available evidence showing that the applicant was ever a POW, or was otherwise held...

  • ARMY | BCMR | CY2014 | 20140006797

    Original file (20140006797.txt) Auto-classification: Denied

    The applicant requests correction of his military records to show award of the Prisoner of War (POW) Medal. As an administrative remedy, he separated the request for the POW Medal from the other awards recommendations and in 2009 finally submitted a request to the HRC Awards Branch for award of his POW Medal. The applicant provides: * his letter to Lieutenant Colonel (LTC) GD * LTC GD's letter to him * multiple letters to and from members of Congress * rewritten recommendations for...

  • ARMY | BCMR | CY2010 | 20100025375

    Original file (20100025375.txt) Auto-classification: Approved

    The applicant requests that his record be corrected to show he was a prisoner of war in Laos. 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. Army Regulation 635-5 (Separation Documents) currently provides that block 18 (Remarks) contain certain specific notations including: For a Soldier with...