ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:     11 April 2019

	DOCKET NUMBER:  AR20180008486


APPLICANT REQUESTS:  Correction of his military records to show he was a prisoner of war (POW).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* Two DD Forms 149 (Application for Correction of Military Record)
* Two Casualty Division Notifications
* Two Western Union Telegrams
* Two Incident Reports
* Next of Kin Information Sheet
* Two DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge)
* Article, Seaboard World Airlines Flight 253A
* Article, Seaboard Flight 253, Down in the Kuriles
* Article, U.S. Bids Moscow Return Troop Jet

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states he is requesting to be recognized as a POW as he was detained against his will on a Russian military base in the Kurile Islands from 1 July 1968 through 3 July 1968 on his way to Vietnam.  This information is not included in his records or on his DD Form 214.

3.  He enlisted in the Regular Army on 4 February 1966.  He was discharged for immediate reenlistment on 23 February 1967 and enlisted again on 24 February 1967.

4.  He served in Germany from 4 August 1966 to 17 June 1968.

5.  He served in Vietnam from 30 June 1968 to 24 June 1969.
6.  The applicant provides:

	a.  A casualty division notification, dated 1 July 1968 that requests to pass a message to the applicant’s wife.  The message to his wife should read:  This is to inform you that the applicant was a passenger on an aircraft that was forced to land at a Soviet base while on a flight from McChord Air Force Base (AFB), Washington to Yokota Airbase, Japan.  The airplane captain reported after landing that there was no damage to the aircraft or injuries to the passengers or crew members.  The Department of State is in contact with the Soviet Embassy in Washington, D.C.  You will be promptly advised as additional information is received.

	b.  A Western Union Telegram, dated 1 July 1968 to the applicant’s parents to inform them of the message that he was a passenger on an aircraft that was forced to land at a Soviet base.

	c.  An incident report, dated 2 July 1968, subject:  Casualty Division Notification, pertaining to the applicant on board an aircraft forced to land on Soviet base.  His wife was notified on 1 July 1968.

	d.  A Western Union Telegram, dated 3 July 1968 to the applicant’s parents to inform them that the airplane landed safely at Misawa Air Base in Northern Japan with all personnel on board.

	e.  A casualty division notification, dated 3 July 1968 that requests to pass a message to the applicant’s wife.  The message to his wife should read:  Regarding our message of 1 July 1968 concerning your husband, the applicant.  The airplane landed safely at Misawa Air Base in northern Japan with all personnel on board.

	f.  An incident report, dated 8 July 1968, subject:  Casualty Division Notification, pertaining to the applicant on board flight which landed on Soviet territory.  His wife was notified on 3 July 1968.

	g.  A next of kin form which shows his parents’ information and handwritten information pertaining to his wife.

	h.  An article, Seaboard World Airlines Flight 253A, which summarizes the information pertaining to the flight that departed McChord AFB near Seattle, Washington for Yokota Air Base in Japan.  It was forced to land on one of the Soviet-controlled Kuril Islands with Americans aboard being detained for two days.

	i.  An article, Seaboard Flight 253 Down in the Kuriles, which summarizes the flight on 1 July 1968 en route from Seattle to Tokyo carrying 214 military passengers that was intercepted by Russian fighters and forced to land on Iturup Island in the Kuriles prepared by Captain E__.

	j.  An article, U.S. Bids Moscow Return Troop Jet; Acts on the Interception in the Kuriles of Craft with 214 on Way to Vietnam, which states the U.S. asked the Soviet Union today for the immediate return of a DC-8 commercial aircraft, its crew and 214 servicemen forced to land yesterday in the Kurile Islands of the Soviet Union.

7.  He was honorably released from active duty on 20 February 1970.  His DD Form 214, for period ending 23 February 1967 shows he completed 1 year and 20 days of active service.  His DD Form 214, for period ending 20 February 1970 shows he completed 2 years, 11 months, and 27 days of active service.  It also shows he was awarded or authorized:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Expert (Rifle)

8.  There is no documentation showing the applicant was in a POW status.

9.  By regulation, an enemy POW is a detained person, in particular, one who, while engaged in combat, is captured by the armed forces of the enemy.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found that relief was not warranted.  Based upon the documentary evidence provided by the applicant and found within the military service record, the Board found that there was insufficient evidence available to show that he was ever placed in a POW status.  Therefore, the Board recommended denying the applicant’s request.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	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 the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

	 
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.


REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Army Regulation 190-8 (Enemy Prisoners of War, Retained Personnel, Civilian Internees and Other Detainees) establishes policies and planning guidance for the treatment, care, accountability, legal status, and administrative procedures for Enemy Prisoners of War.  It states an enemy prisoner of war is a detained person as defined in Article 4 and 5 of the Geneva Convention Relative to the Treatment of Prisoners of War of 12 August 1949.  In particular, one who, while engaged in combat under orders of his or her government, is captured by the armed forces of the enemy.

ABCMR Record of Proceedings (cont)	 AR20180008486


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