IN THE CASE OF:
BOARD DATE: 19 August 2014
DOCKET NUMBER: AR20130022067
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, correction of his military records by showing he qualified for award of the Prisoner of War (POW) Medal.
2. The applicant states he is not claiming any injustice. He understands that the criteria for the POW Medal were changed to include "internees" held in Switzerland and Sweden during World War II. He contends he was interned twice by the Turkish government in 1967 and asks if he is now authorized award of the POW Medal.
3. The applicant provides copies of:
* Enlisted Personnel Data Sheet, circa 1967/1968
* A Letter of Commendation to the applicant, dated 1 April 1968
* A letter from him to the U.S. Army Human Resources Command, dated 26 August 2013
* A letter from the National Personnel Records Center, dated 23 September 2013
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's records indicate that he:
a. enlisted in the Regular Army in November 1966 and served as a military policeman until May 1973;
b. was assigned in Turkey from 17 April 1967 to 28 March 1968; and
c. was awarded:
* Army Service Ribbon
* National Defense Service Medal (two awards)
* Good Conduct Medal (two awards)
* Army Achievement Medal
* Bronze Star Medal
* Purple Heart
* Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Vietnam Service Medal with 10 bronze service stars
* Army Reserve Components Achievement Medal
* Republic of Vietnam Campaign Medal
* Army of Occupation Medal
* Overseas Service Ribbon with numeral 3
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Noncommissioned Officer Professional Development Ribbon with Numeral 3
* Expert Marksmanship Qualification Badge with Rifle and Grenade Bars
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar
* Combat Infantryman Badge
3. 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. 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
b. 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.
DISCUSSION AND CONCLUSIONS:
1. There is no available evidence showing that the applicant was ever a POW, or was otherwise held by a foreign government under circumstances qualifying for this medal.
2. The governing regulation clearly states that persons detained by governments with which the United States is not engaged actively in armed conflict are not eligible for the POW medal.
3. In view of the foregoing, there is an insufficient evidentiary 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) AR20130022067
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ABCMR Record of Proceedings (cont) AR20130022067
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