ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 16 January 2020 DOCKET NUMBER: AR20180014525 APPLICANT REQUESTS: award of the Prisoner of War (POW) Medal. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), dated 25 July 2018 * DD Form 93 (Record of Emergency Data), dated 17 July 2001 * SGLV-8286 (Servicemembers' Group Life Insurance Election and Certificate), dated 17 July 2001 * DD Form 2648 (Pre-separation Counseling Checklist), dated 3 May 2005 * XVIII Airborne Corps and Fort Brag Orders 129-0258, dated 9 May 2005 * Army Commendation Medal Certificated, dated 8 June 2005 * Joint Service Achievement Medal Certificate, dated 14 July 2005 * Department of Veterans Affairs (VA) Form 21-4138 (Statement in Support of Claim), dated 2 February 2017 * VA Form 21-0781a (Statement in Support of Claim for Service Connection for Post-Traumatic Stress Disorder (PTSD) Secondary to Personal Assault), 24 February 2017 * VA Form 27-0992 (VA Evidence Intake Center), dated 26 April 2018 * DA Form 2-1 (Personnel Qualification Record - Part II) * DD Form 214 (Certificate of Release or Discharge from Active Duty) 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 (ABCMR) 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: a. On a weekday, maybe on 8 April 2005, he was a Prisoner of War in Bagram OCF (Other Coalition Forces) by unknown parties (Blackwater) as allowed by his command sergeant major (CSM). b. Black psychological operations training and activities are authorized only by the Department of State and the Central Intelligence Agency and such agencies can legally deny any involvement. c. He was not supposed to know he was a prepared asset with the Army before his separation in support of the Department of Defense and Department of State efforts in Africa (with the Peace Corps after his separation from the Army). d. He survived the action period from 2010 to 2012 and regained his memories and clarity on 15 August 2016. 3. On 10 July 2001, the applicant enlisted in the Regular Army. 4. Item 8 (Awards, Decorations and Campaigns) of his DA Form 2-1 shows he was awarded the Army Service Ribbon. 5. His provided copies of his: a. DD Form 93, dated 17 July 2001, which shows his beneficiary election, b. SGLV Form 8286, dated 17 July 2001, which shows his life insurance election, c. DA Form 2648, dated 3 May 2005, which lists his out-processing agencies, d. XVIII Airborne Corps and Fort Bragg Orders 129-0258, dated 9 May 2005, which shows his reassignment to the U.S. Army Transition Center, Fort Bragg, NC, effective 13 May 2005, and e. Army Commendation Medal Certificate, dated 8 June 2005, for meritorious service while assigned to Company A, 8th Psychological Operations Battalion (Airborne), for the period 1 October 2002 to 15 May 2005. 6. On 9 July 2005, he was honorably released from active duty for completion of required service. His DD Form 214 shows in: a. item 8 (Last Duty Assignment and Major Command) – 8th Psychological Operations Battalion (Airborne), Company A, Fort Bragg, NC, b. item 11 (Primary Specialty) – 37F1P, Psychological Operations Specialist, 3 years and 8 months, c. item 12c (Net Active Service This Period) – 4 years, d. item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – * Joint Service Commendation Medal * Joint Service Achievement Medal * Army Good Conduct Medal * National Defense Service Medal * Afghanistan Campaign Medal * Global War on Terrorism Service Medal * Army Service Ribbon * Parachutist Badge e. item 18 (Remarks) – he served in Afghanistan during the periods 29 November 2002 to 14 May 2003, 14 July 2004 to 6 December 2004, and 28 January 2005 to 28 April 2005. 7. Headquarters, Joint Task Force, Permanent Orders 195-914, dated 14 July 2005, awarded him the Joint Service Achievement Medal for the period 30 January 2003 to 26 April 2005. 8. He also provided copies of his: a. Joint Service Achievement Medal Certificate, dated 14 July 2005, for meritorious service from 30 January 2005 [2003] to 26 April 2005, b. VA Form 21-4138, dated 2 February 2017, wherein he indicated he was a POW. He also indicated he was drugged at the place he was sleeping at the Other Coalition Forces camp, which was the Blackwater Company, Bagram, Afghanistan in April 2007, c. VA Form 21-0781a, dated 24 February 2017, wherein he stated: (1) He was handled and interrogated as an enemy combatant. He was prepared for a black psychological operation mission. His CSM, F____ C____, approved this punishment. He was personally slapped around by the International Security Assistance Force Commander under the supervision of psychological operations officer, M____ Z____. (2) Orders for a "mission" were administered through hypnosis; however, they "brought [him] under" through torture and terror, including his forced participation in the destruction and defilement of non-combatant (Afghanistan and Pakistan) and their remains. They attempted to destroy his memory of the whole day with drugs and electroshock via electrodes in his skull and rectum. His memories started coming back on 15 August 2016. (3) Contractors, always wearing hats and sunglasses, interviewed and screened him before and after the "missing day." He has been detailing his memories and struggles on his personal Twitter and Facebook pages. (4) The black psychological operations mission was basically to go kill himself in Africa in support of North Atlantic Treaty Organization efforts involving the coup in Mali in 2011 and the establishment of an Islamic caliphate. (5) Since the Department of State oversees the U.S. Peace Corp, which delivered him to Africa, he is relieved by the news of high profile resignations. He also notes the law states any agencies involved in black psychological operations can deny such involvement. (6) Many of his dysfunctions righted themselves on 15 August 2016, including promiscuous behavior and obsessive suicidal thoughts. Since he was literally hypnotized to kill himself, his mood medication only made him feel okay with the program. He stays sane without medications, but it takes a lot of discipline. He may have been altered in permanent ways so as to ensure he has a short fuse with disproportionate emotional responses to minor offenses. (7) CSM F____ C____ committed suicide a few months after his divorce. The applicant stated he could testify that CSM F____ C____ was deliberately getting Soldiers killed. d. VA Form 27-0992, dated 26 April 2018, which shows POW disability benefits afforded by the VA. 9. His available records and the evidence he provided are void of orders showing he was awarded or authorized the POW Medal. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting document evidence in the records and policy specific to award of the POW medal. The Board considered the applicant’s statement, his record of service, his awards and decoration and the statement he submitted in support of a VA Claim. The Board considered the statement, but found no additional evidence to support the applicant’s claim. The Board found insufficient evidence to find that the applicant was taken prisoner and held captive by a foreign armed force or that the applicant held a POW status that was officially confirmed and recognized as such by the Department of the Army. Based on a preponderance of evidence, the Board determined that the applicant did not meet the criteria for award of the POW medal. 2. After reviewing the application and all supporting documents, the Board found that relief was not warranted. ? 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. ADMINISTRATIVE NOTE(S): N/A. ? 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 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 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. The Prisoner of War 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 Prisoner of War 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: a. While engaged in an action against an enemy of the United States. b. While engaged in military operations involving conflict with an opposing foreign force. c. 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. d. 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. e. Personnel officially classified as missing in action are not eligible for award of the POW Medal. The POW Medal will only be awarded when the individual's POW status has been officially confirmed and recognized as such by the Department of the Army. 3. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing discharge documents. It directs that, in the case of prisoners of war, the unit of assignment, country, and dates of capture and release will be entered in the "Remarks" section of the discharge document. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180014525 3 1