BOARD DATE: 16 September 2014
DOCKET NUMBER: AR20140002748
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, the widow of a deceased former service member (FSM), requests, in effect, her husband be awarded the Prisoner of War Medal.
2. The applicant states the FSM was in communications with the 588th Signal Company. She did not recall any other information.
3. The applicant provides:
* the FSM's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 8 July 1965
* the FSM'S DD Form 214 with an effective date of 30 June 1968
* marriage certificate
* FSM's death certificate
* Supplementary Medical Certification
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. On 26 May 1964, the FSM enlisted in the Regular Army for 3 years. On
9 July 1965, he immediately reenlisted for 3 years.
3. The FSM served in the Republic of Vietnam from 3 October 1967 to 1 July 1968. He was assigned to:
* the 324th Signal Company from 25 October 1967 to 6 February 1968
* the 588th Signal Company from 7 February 1968 to 26 June 1968
4. On 30 June 1968, the FSM was released from active duty.
5. There are no entries in the FSM's Military Personnel Records Jacket (MPRJ) indicating he was taken prisoner and held captive by an enemy armed force during a period of armed conflict.
6. A listing from the Defense Prisoner of War/Missing Personnel Office does not list the FSM as having been a POW during the Vietnam War.
7. 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:
There are no entries in the FSM's MPRJ that show he was held as a POW. 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. Therefore, there is no 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:
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.
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