IN THE CASE OF:
BOARD DATE: 16 September 2014
DOCKET NUMBER: AR20140002900
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, award of the Prisoner of War (POW) Medal.
2. The applicant states his unit, the 2nd Battalion, 501st Infantry Regiment, was engaging in action against hostile forces from April 1970 through April 1971. The enemy overpowered them in late 1970. They captured them and marched them north. They were missing for a few weeks to months. His POW status is not stated in his records.
3. The applicant provides:
* a certificate from the "University of South Vietnam"
* a certificate of completion for the Stress Recovery Program
* a letter from U.S. Army Human Resources Command (HRC) dated
23 January 2014
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 6 February 1969, the applicant enlisted in the Regular Army for 3 years.
3. He was assigned to the 2nd Battalion, 501st Infantry Regiment in the Republic of Vietnam from 5 May 1970 to 28 March 1971.
4. On 24 December 1971, he was released from active duty after completing 2 years, 10 months, and 22 days of active service that was characterized as honorable.
5. There are no entries in his 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 POW/Missing Personnel Office does not indicate he was a POW during the Vietnam War.
7. He provides a letter from the Awards and Decorations Branch at HRC, dated 23 January 2014, which states they were unable to verify his entitlement to the POW Medal.
8. The certificates he provided do not show he was a POW.
9. 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 that 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 his MPRJ that show he was held as a POW and HRC was unable to verify his entitlement to the POW Medal. The Defense POW/Missing Personnel Office does not show he 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 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.
ABCMR Record of Proceedings (cont) AR20140002900
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ABCMR Record of Proceedings (cont) AR20140002900
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