IN THE CASE OF:
BOARD DATE: 10 September 2015
DOCKET NUMBER: AR20150002073
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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was a prisoner of war (POW) from 17 July to 20 December 1968.
2. The applicant states he was detained by the Cambodia government from 17 July to 20 December 1968. However, his DD Form 214 does not reflect his POW status.
3. The applicant provides:
* DA Form 8-119 (Hospital Arrival Notice), dated 23 December 1968
* a Visa, dated 20 December 1968
* three letters, dated between 20 December 1968 and 10 February 1971
* an email, dated 21 January 2015
* a page titled Veterans Newsletter
* a page from the National Personnel Records Center
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 was inducted into the Army of the United States on 9 November 1966 and he held military occupational specialty 61B (Water Craft Operator). On 9 March 1968, he was assigned to the 5th Transportation (Heavy Boat) Company, Vietnam.
3. His record contains a:
a. Western Union Telegram, dated 19 July 1968, to his spouse, wherein she was notified that on 17 July 1968, while on a military vessel on a supply mission, the vessel inadvertently crossed the Cambodian border and all personnel aboard, to include the applicant, were taken into custody by the Cambodians. The U.S. Government was in contact with the Cambodian government to gain their release.
b. DD Form 1300 (Report of Casualty), dated 23 December 1968, wherein it stated the applicant was released by the Cambodian authorities and returned to U.S. military control on 20 December 1968.
4. On 21 December 1968, he was assigned in a patient status to Walter Reed General Hospital, Washington, DC. On 7 January 1969, he was assigned in a patient status to the U.S. Army Hospital, Fort Knox, KY.
5. He was honorably released from active duty on 20 January 1969 and he was transferred to the U.S. Army Reserve. The DD Form 214 he was issued does not contain an entry that shows he had been in a POW status.
6. On 11 January 2006, he was issued a DD Form 215 (Correction to DD Form 214) that added additional awards he was entitled to. This DD Form 215 did not add the POW Medal or an entry that shows he had been in a POW status.
7. Army Regulation 600-8-22 (Military Awards) states the POW Medal is authorized by Public Law 99-145, dated 8 November 1985. It 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. 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. Persons detained by governments with which the United States was not engaged actively in armed conflict are not eligible for the medal.
8. Army Regulation 635-5 (Separations Document) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. The current version of the regulation states, for a Soldier with POW documentation, enter in the remarks section of the DD Form 214 the entry "PRISONER OF WAR, (UNIT OF ASSIGNMENT/ COUNTRY) (DATE OF CAPTURE AND RELEASE DATE)."
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms the applicant was part of a military crew that was detained by the Cambodia government from 17 July to 20 December 1968 while serving on active duty. However, as the United States was not actively engaged in an armed conflict with Cambodia, he was not considered to be a POW. Therefore, there is no basis for granting the 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) AR20150002073
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