"[7], The original wording contained in Public Law 99-145 only authorized the POW Medal for service members 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; or 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.”[8], Accordingly, DoD policy articulated in 1988 concluded that only military captives taken prisoner by enemy or opposing states during active armed conflict were eligible for the award. "[83] The corresponding DoD regulation specifies that any "Service member who is killed or dies while in captivity" after April 5, 1917 can receive the medal, "unless compelling evidence is presented that shows that the member’s death was not the result of enemy action."[84]. The Prisoner of War Medal 1940–1945 was a Belgian war service medal established by royal decree on 20 October 1947 and awarded to all members of the Belgian Armed Forces imprisoned by Axis Forces during the Second World War. The Senate members of the conference committee for the FY1990 National Defense Authorization Act eventually drafted an amendment that “would clarify the intent of Congress that persons serving with the U.S. armed forces who are taken prisoner and held captive by certain hostile, foreign armed forces should receive the prisoner of war medal. "[79], Thus, the amendment has a similar legislative intent to the 1989 amendment, excepting that the language of the 1989 amendment was more ambiguous and was never fully implemented in policy. The Navy disagreed with Miller, and in 2003 it overruled her determination and awarded the POW Medal to Higgins. Prisoner of War Medal (All Services) Awarded to any person who was taken prisoner of war and held captive after April 5, 1917, during World Wars I and II, Korea and Vietnam conflicts and Operation Desert Storm. [13] According to congressional testimony by the Army's Deputy Chief of Staff for Personnel, the services were seeking authority to award the Medal of Honor and other valor awards retroactive to July 1, 1958, in areas such as Berlin, Lebanon, Quemoy and Matsu Islands, Taiwan Straits, Congo, Laos, Vietnam, and Cuba. The medals were presented in January 1996 by former 55th Wing Commander Bill Kyle at the 55th Wing Birthday Ball in Omaha, Nebraska. Letter from VA Director John A Baker to Congressman Gerlad D. Kleczka, dated 10 July 1991, Ser. According to official DoD doctrine in a separate publication issued years after the creation of the POW Medal, a “hostile act” is defined as “An attack or other use of force against the US, US forces, or other designated persons or property. Statement of Sen. William V. Roth on Prisoner of War Medal Amendment (Senate- May 21, 1985), 131 Cong. Rec., S9078. "[47] Thus, the requirement for active armed conflict remained in the Army and Navy awards manuals. However, there is little room for this interpretation in the original statute that standardized the same conflict prerequisites for valor awards in 1963,[10] which expanded several decorations to armed conflicts against an "opposing foreign force" or "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." [79] Testimony of Congressman Robert J. Lagomarsino for House Armed Services Committee Hearing No. As a result, if an award is to be made, and I believe it should be, it is necessary to amend the existing statute that is currently being processed through the Department. Furthermore, treaty law frequently commingles so-called "non-belligerents" and neutral states, making them indissociable. The idea of creating a military award to recognize prisoners of war was first put forth in 1944. Letter from Commander, AFPC/CC, to former Iran Hostage, dated November 14, 2011. "Subcommittee No. This amendment was the result of congressional recognition of multiple groups of individuals who were not originally authorized to receive the medal after Department of Defense review,[18] such as the USS Pueblo crew detained in North Korea in 1968,[19] the US Navy and US Army Air Force crews interned in neutral Russia during World War II,[20] the US Army Air Force crews interned in neutral Switzerland during World War II,[21] US Marine Corps Col. William R. Higgins who was kidnapped in 1988 and executed by Hezbollah-affiliated terrorists,[22] and the U.S. Marines from the U.S. Embassy in Teheran, Iran who were held hostage by terrorists from 1979–1981 in the Iran Hostage Crisis. Requiring conflict with an enemy was problematic since the United States had not formally declared war since World War II as a result of the provisions of the United Nations Charter. Prior to October 2011, federal law provided that any false verbal, written or physical claim to the Prisoner of War Medal, by an individual to whom it has not been awarded, shall be fined or/and imprisoned not more than six months. "[66], The definition of a hostile force is necessarily distinct from an enemy force or opposing force (which require a formal declaration of war or joint resolution authorizing use of military force or some other evidence of a protracted conflict, respectively), since captives of enemy and opposing armed forces fall under the automatic qualification of the original 1985 statute that the amendment modified. (Companion) Rec., S12908", "Statement of Rep. Lagomarsino on Prisoner of War Medal Amendment (House- June 21, 1985), 131 Cong. Several other hostages of terrorists also received the POW Medal after abduction by terrorists or insurgents during operations in Iraq subsequent to the collapse of the Hussein regime in 2003. "[55], In 2003, the Secretary of the Navy awarded the POW Medal (posthumously) to USMC Col. William R. Higgins, who was kidnapped in 1988 and executed by Hezbollah-affiliated terrorists. "[54] [46] He later received the POW Medal from the Secretary of the Navy around 1991. 2461 (House- July 1, 1989), 273-4. [32], He was captured by Syrian forces and imprisoned until January 5, 1984, when he was released. Requiring conflict with an enemy was problematic since the United States had not formally declared war since World War II as a result of the provisions of the United Nations Charter. No mention was made of the 1989 amendment at all. The new DoD policy for the amendment, published on May 31, 2013, repeated the language of the amendment and specified that "[a]ward of the [POW Medal] under the comparable conditions provision is the exception and not the rule. "House Report 111-491 - NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2011". [28] Therefore, the military has used VA determinations of POW status for veterans affairs purposes- including VA comparability criteria- in order to establish eligibility for the POW Medal. 112-705, p. 143-44, Sec. 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