Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: WEDNESDAY, May 12, 1993 TAG: 9305120035
SECTION: VIRGINIA PAGE: C3 EDITION: METRO
SOURCE: Associated Press
DATELINE: BIG STONE GAP LENGTH: Short
Edward S. Dickenson of Big Stone Gap was interned in a Chinese POW camp for nearly three years after his capture on Nov. 4, 1950, during the Korean War.
He was convicted of aiding the enemy and of misconduct by informing on other prisoners to win favorable treatment for himself.
Dickenson contends the discharge was invalid because court-martial proceedings denied him his constitutional rights.
He says his court-martial lacked jurisdiction because his enlistment had expired; he was questioned without being advised of his rights; his statement was improperly admitted at trial; and the court-martial panel did not include enlisted members.
He was sentenced to 10 years of hard labor at the U.S. Disciplinary Barracks in Fort Leavenworth, Kan., plus forfeiture of all pay and allowances and a dishonorable discharge. Dickenson was released on Nov. 24, 1963.
Assistant U.S. Attorney John R. Corcoran filed a motion last week in federal court in Roanoke asking that the suit be dismissed. Corcoran argued that the matter was previously litigated and that the statute of limitations expired in 1962, six years after Dickenson's separation from the Army.
Further, Corcoran maintains that the Army Board for Correction of Military Records considered Dickenson's request "to upgrade his discharge based on his claim he had been told he would not be court-martialed after repatriation."
Corcoran said the board determined Dickenson's allegation was not borne out by the records and that his discharge was proper.
Dickenson declined comment Tuesday.
by CNB