MEMORANDUM OF CONSIDERATION

IN THE CASE OF:  

BOARD DATE:           29 June 2000                  
DOCKET NUMBER:   AR2000037959

	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. Carl W. S. Chun		Director	
	Mr. Gerald E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. John N. Slone		Member	
	Mr. Melvin H. Meyer		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: Reconsideration of his application to correct his records by awarding him the Prisoner of War Medal.

APPLICANT STATES:  In effect, that he and several other soldiers were captured in a rescue attempt and held by German soldiers for a short period of time until they were able to escape. 

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's original consideration of his case on 9 September 1998 (COPY ATTACHED).

The applicant submits a notarized statement from a now retired colonel who attests to the fact that the applicant was one of several soldiers captured on or about 5 May 1945 near the town of St. Gilgen, Austria.  He recounts that these personnel were held in that town for a period of three days before effecting their escape.  

This document was not previously available to the Board and constitutes new evidence that requires Board review.

Army Regulation 600-8-22 provides, in pertinent part, for award of the POW Medal.  The regulation states that 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 while engaged in an action against an enemy on the United States.  The POW Medal will only be awarded when the individual’s prisoner of war status has been officially confirmed and recognized as such by the Department of the Army.

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 affidavits submitted by former soldiers, who had personal knowledge of the incident, are insufficient to overcome the lack of any official records to show that the applicant was ever an officially reported or recognized prisoner of war. 

2.  The overall merits of the case, including the latest submissions and arguments are insufficient as a basis for the Board to reverse its previous decision.

3.  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

__JHL___  __JNS__  __MHM__  DENY APPLICATION

   Carl W. S. Chun
    Director, Army Board for Correction 
      of Military Records

INDEX

INDEX

CASE ID	AR2000037959	
SUFFIX		
RECON	 	
DATE BOARDED	20000629 	
TYPE OF DISCHARGE		
DATE OF DISCHARGE	 	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	Deny	
REVIEW AUTHORITY		
ISSUES         1.	107.0029	
2.		
3.		
4.		
5.		
6.