IN THE CASE OF:	

		BOARD DATE:	  17 October 2013

		DOCKET NUMBER:  AR20130003923 


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 the award of the Prisoner of War Medal.

2.  The applicant states, in effect, he was a prisoner of war (POW) from June 1965 to December 1965.

3.  The applicant provides page one of his application to the Department of Veterans Affairs (VA) for compensation or pension.  

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.  He enlisted in the U.S. Army Reserve on 30 January 1958.  On 5 May 1964, he enlisted in the Regular Army.

3.  He was assigned as a cook to the 8th Field Hospital in the Republic of Vietnam from 11 May 1965 to 1 May 1966.

4. On 4 May 1967, he was discharged by reason of completing his term of service.

5.  A listing from the Defense Prisoner of War/Missing Personnel Office does not list the applicant as having been a POW during the Vietnam War.

6.  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:

The Defense Prisoner of War/Missing Personnel Office does not show the applicant 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 insufficient evidence to award the POW 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)                                         AR20130003923





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ABCMR Record of Proceedings (cont)                                         AR20130003923



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