MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:           24 November 1998                  
	DOCKET NUMBER:   AC98-09282

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Loren G. Harrell		Director	
	Mr. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Ms. Celia L. Adolphi 		Member	
	Mr. Robert W. Garrett		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That his records be corrected to show award of the Prisoner of War Medal.  He further indicates his records have been tampered with concerning his awards and decorations.

APPLICANT STATES:  That his records show he was an inadvertent border crosser, by train, which an investigation determined to be accidental.  This does not show the hardship and trauma that he endured at the hands of his captors.

COUNSEL CONTENDS:  Counsel was silent on the issues.

EVIDENCE OF RECORD:  The applicant's military records show he enlisted on 19 August 1975.  He served in the Federal Republic of Germany from               11 January 1976 to 20 May 1977.  He was honorably separated on 25 May 1977.

The applicant’s records show that on 11 July 1976 at 9 AM, he inadvertently crossed the border into East Germany by train.  He was detained by East German authorities and returned to the Federal Republic of Germany the same day.  At 4 PM, after having been returned the same day, he made an official statement and a subsequent investigation determined the crossing to be accidental.  There is no evidence the applicant was a Prisoner of War.

Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Prisoner of War Medal 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.  The Prisoner of War 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 - (1) while engaged in an action against an enemy of the United States.  (2) While engaged in military operations involving conflict with an opposing foreign force.  (3) While serving with friendly forces engaged in an armed conflict against an opposing force in which the United States is not a belligerent party.  For the purpose of this medal, past armed conflicts are defined as World War I, World War II, Korean War, Vietnam conflict, and Persian Gulf War.

Army Regulation 640-2-1(Personnel Qualification Records) provides, in pertinent part, that temporary entries on the DA Form 2-1 (Enlisted Qualification Record) will be erased when the entry becomes invalid or obsolete (i.e., weapons qualification changes after each new qualification).

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1.  The evidence of record shows the applicant was classified as an inadvertent border crosser and was not captured or held as a prisoner of war; therefore, he is not entitled to award of the Prisoner of War Medal.

2.  There is no evidence that his records have been tampered with.  The regulation makes provisions for erasing invalid or obsolete temporary entries on the Personnel Qualification Records.

3.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

GDP____  CLA_____  RWG___  DENY APPLICATION

						Loren G. Harrell
						       Director