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AF | BCMR | CY2000 | 9900804
Original file (9900804.doc) Auto-classification: Approved

AFBCMR 99-00804




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of
Section 1552, Title 10, United States Code (70A Stat 116), it is directed
that:

      The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that he was awarded the
Purple Heart Medal for wounds he received at the hands of his captors,
while a prisoner of war during the Bataan March of World War II.







  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency
                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  99-00804
            INDEX CODE:  107.00

      APPLICANT  COUNSEL:  NONE

            HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

Her deceased brother be awarded the Bronze Star Medal  (BSM)  and  Purple
Heart (PH) Medal.

APPLICANT CONTENDS THAT:

Her deceased brother should receive the medals due to  his  participation
in the Bataan March during World War II.

In support of the application, the applicant provided personal statements
and correspondence associated with the events leading  to  her  brother’s
demise (see Exhibit A).

STATEMENT OF FACTS:

The former member’s  records  were  lost  or  destroyed  and  efforts  at
reconstruction have been unsuccessful.

The relevant facts pertaining to this application are  contained  in  the
letter prepared by the appropriate office of the Air Force.  Accordingly,
there is no need to recite these facts in this Record of Proceedings.

AIR FORCE EVALUATION:

The Chief, Awards and  Decorations  Section,  AFPC/DPPPR,  reviewed  this
application and recommends denial.  DPPPR indicated that, to  be  awarded
the PH documentation must be provided to support the member  was  wounded
as a direct result  of  enemy  action  and  must  have  received  medical
treatment by medical personnel.

The provisions  established  in  Section  521  of  the  National  Defense
Authorization Act of 1966 expanded the criteria for award to  the  PH  to
former prisoners of war, that were held prior to 25 Apr 1962 and suffered
wounds or injuries due to beatings, torture or other  physical  abuse  at
the hands of their captors.  The term wound or injury caused by  acts  of
psychological mistreatment of deprivation resulting in illness,  disease,
discomfort or death does not meet the criteria for award of the PH.

DPPPR stated that the member died from malaria, dysentery and  starvation
while a prisoner of war.

DPPPR noted that the award of the BSM has been approved, however, because
no evidence has been provided  to  indicate  that  the  member  had  been
injured as a direct result of enemy action, they believe that the request
for award of the PH should be denied.

A complete copy of the evaluation is at Exhibit B.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Having been provided a copy of the Air Force evaluation, on  26  Mar  00,
the applicant requested an extension  of  the  time  to  respond  to  the
advisory opinion.  In accordance with  established  procedures,  she  was
advised that extension requests can not be honored  but  that  she  could
request that the case be closed until such  time  that  she  is  able  to
proceed.  She was given 30 days to submit said request.  As of this date,
this office has received no further correspondence from the applicant.

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law  or
regulations.

2.  The application was not timely filed; however, it is in the  interest
of justice to excuse the failure to timely file.

3.  Sufficient relevant evidence has been presented  to  demonstrate  the
existence of probable error or  injustice.   Evidence  presented  by  the
applicant appears to indicate that her brother's  death  was  the  direct
result of injuries he received at the hands of his  captors  while  being
held as a prisoner of war during the Bataan March of  World  War  II  (WW
II).  It is apparent to us that conditions imposed by the enemy while the
former member was  in  captivity  deprived  the  applicant’s  brother  of
appropriate medical care and prevented the proper  documentation  of  her
brother's  medical  records.   In  recognition  of  the  former  member’s
sacrifice in the service  of  the  Nation,  we  believe  that  any  doubt
concerning his entitlement to the PH should be resolved in his favor  and
that his records should be corrected as indicated below.

THE BOARD RECOMMENDS THAT:

The pertinent military  records  of  the  Department  of  the  Air  Force
relating to APPLICANT be corrected to show that he was awarded the Purple
Heart Medal for injuries he received at the hands of his  captors  during
the Battan March of WW II.

The following  members  of  the  Board  considered  this  application  in
Executive Session on 13 Jul 00, under the provisions of AFI 36-2603:

      Ms. Charlene M. Bradley, Panel Chair
      Ms. Marcia Jane Bachman, Member
      Mr. Steven A. Shaw, Member

All members voted to correct the records, as recommended.  The  following
documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 23 Mar 99, w/Atchs.
     Exhibit B.  Letter, AFPC/DPPPR, dated 16 Feb 00.
     Exhibit C.  Letter, SAF/MIBR, dated 25 Feb 00.




                                   CHARLENE M. BRADLEY
                                   Panel Chair









                           -----------------------
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