IN THE CASE OF: BOARD DATE: 25 August 2011 DOCKET NUMBER: AR20110003452 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 that her late husband's records be corrected to show he was a Prisoner of War (POW) and had two periods of active duty service. 2. The applicant states the former service member (FSM) told her he was a POW in Vietnam from 1970 through 1972 but his records were sealed for this period because he was working for the Central Intelligence Agency (CIA). The FSM told her he had had been wounded in an escape from a Vietnamese prison and spent six months in a German hospital recovering. She believes the FSM should be shown to have been a POW and to have received two DD Forms 214 (Certificate of Release or Discharge from Active Duty). 3. The applicant provides no supporting documentation except to document her relationship to the FSM. 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 record shows the FSM was born on 26 August 1952, graduated from high school in 1970, and was a student at Bradley University from 1972 through 1976. 3. His available records do not show any military service prior to the FSM's enlistment under the Delayed Entry Program on 16 April 1979. His enlistment contract does not indicate any prior service and his reported work history only goes back to 1976. 4. He served on active duty in the Regular Army from 8 May 1979 through 3 June 1983 with service in Germany from 9 June 1980 through 2 June 1983. 5. On 4 June 1983 the FSM enlisted in the Army Reserve (USAR) and the records shows a reenlistment in the USAR in 1986. 6. The applicant's service medical and dental records are believed to be on permanent loan to the Department of Veterans Affairs and are not available for review. 7. Army Regulation 15–185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the Army Board for Correction of Military Records (ABCMR). Paragraph 2-9 states that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION AND CONCLUSIONS: 1. The applicant states the FSM told her he was a POW in Vietnam from 1970 through 1972 but his records were sealed for this period because he was working for the CIA. The FSM told her he had had been wounded in an escape from a Vietnamese prison and spent six months in a German hospital recovering. She believes the FSM should be shown to have been a POW and to have received two DD Forms 214. 2. The available records do not shed any light on what the applicant was doing from the time he graduated from high school in 1970 until he entered college in 1972. 3. While there is always a possibility that what the FSM told his wife is true; she has not provided and the record does not contain any evidence that this was in fact the case or that the FSM had any military service prior to his 1979 enlistment. 4. 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 this requirement. 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) AR20110003452 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110003452 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1