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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