IN THE CASE OF: BOARD DATE: 30 August 2016 DOCKET NUMBER: AR20150013103 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 30 August 2016 DOCKET NUMBER: AR20150013103 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. IN THE CASE OF: BOARD DATE: 30 August 2016 DOCKET NUMBER: AR20150013103 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, in effect, correction of his records to show he was in a prisoner of war (POW) status. 2. The applicant states, in effect, that during his service in Vietnam he was a POW from 1968 to an unknown date and that his mother was notified of his missing status. The Army did not credit the time he spent as a POW and now it appears that the records are lost. 3. The applicant provides his: * Social Security Card * Colorado Identification Card * Birth Certificate, State of Arkansas * Disabled American Veterans Memorandum, dated 16 November 2009 * Department of Veterans Affairs (VA) Compensation Determination, dated 21 January 2014 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 enlisted in the Regular Army on 27 August 1968 and he held military occupational specialty 13A (Field Artillery Basic). 3. He served in Vietnam from 20 January 1969 to 20 January 1970. He served as a cannoneer with the 11th Armed Cavalry Regiment and the 83rd Field Artillery. 4. His DA Form 20 (Enlisted Qualification Record) shows in: * Item 38 (Record of Assignment) - he was a patient at the 106th General Hospital, Vietnam from 2 July 1969 to 16 October 1969 * Item 44 (Time Lost Under Section 972, Title 10, United States Code and Subsequent to Normal Date ETS) – lost time due to being absent without leave (AWOL) from 6 to 14 March 1970 (9 days) 5. He was honorably released from active duty on 3 September 1971. 6. There is no indication in his records, such as an entry on his DA Form 20, a change in duty status, a casualty report listing him missing, or any other documents to show he was in a POW status. 7. His name is not listed on the National Archives? Vietnam POW Data File as having been captured or imprisoned. REFERENCES: Army Regulation 635-5 (Separations Document) establishes the standardized policy for preparing and distributing discharge documents. It states that awards and decorations for all periods of service will be entered on the DD Form 214 in the priority sequence specified in Army Regulation 600-8-22 and that for a Soldier with POW documentation, enter "PRISONER OF WAR, (UNIT OF ASSIGNMENT/COUNTRY), (DATE OF CAPTURE AND RELEASE DATE)." DISCUSSION: 1. The applicant requests, in effect, correction of his records to show he was a POW. 2. The applicant served in Vietnam from January 1969 to January 1970. During this period, he was a patient at the 106th General Hospital, Vietnam, from 2 July to 16 October 1969; however, nothing in his records show he was missing in action or captured by the enemy. 3. His sincerity is not in question but his POW status cannot be confirmed. The applicant is encouraged to resubmit should he locate evidence such as operation orders, duty status reports, morning reports, security debriefings, or any other corroborating evidence of his capture and POW status. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150013103 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150013103 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2