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AF | BCMR | CY2006 | BC-2006-00172
Original file (BC-2006-00172.doc) Auto-classification: Approved

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-00172
            INDEX CODE:  106.00
      XXXXXXX    COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  20 Jul 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) and the Bronze Star Medal with 1st
Oak Leaf Cluster (BSM w/1OLC).

_________________________________________________________________

APPLICANT CONTENDS THAT:

During World War II (WWII), his lieutenant told him he  would  receive
another BSM, in addition to the one he already had, for taking out two
machine gun crews.  However, he was wounded and taken prisoner by  the
Japanese in the Philippines, and records were lost.

In  support  of  his  request,  applicant   provided   his   discharge
certificate and WD AGO 53-55 separation document.  He also included an
award certificate indicating  he  received  the  BSM  for  meritorious
achievement for the period 7 Dec 41 to 10 May 42.  However, the  award
date on the  certificate  is  23 Dec  84.   The  applicant’s  complete
submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The BSM is awarded to a person in any branch of the  military  service
who, while serving in any capacity with the Armed Forces of the US  on
or after 7 Dec 41, shall  have  distinguished  himself  by  heroic  or
meritorious achievement or service,  not  involving  participation  in
aerial flight, in connection with military operations against an armed
enemy.

The applicant’s  military  records  have  been  reconstructed  by  the
National Personnel Record Center (NPRC) and provide few details.

His WD AGO 53-55 separation document reflects he enlisted in the  Army
Air Corps on 29 Nov 40, served as  a  machine  gunner  with  the  21st
Pursuit Squadron in the Asiatic Pacific Theater  (Philippine  Islands)
from 20 Nov 41 to 10 Oct 45, and was honorably discharged on 17 Apr 46
in the grade of corporal.  He was awarded the Distinguished Unit Badge
with 2OLCs, the American Defense Service Medal  with  1  Service  Star
(1SS),  the  Philippine  Defense  Medal  with  1SS,   the   Philippine
Liberation Ribbon,  the  Asiatic  Pacific  Campaign  Medal,  the  Good
Conduct Medal, the WWII Victory Medal, the American Campaign Medal and
the  Lapel  Button.   His  available  records  did  not  contain   any
documentation indicating he received the basic BSM or the BSM w/1OLC.

The applicant originally submitted his 14 Mar 05 appeal  to  the  Army
Board for Correction of Military Records, which subsequently forwarded
the application to the SAF/MRBR on 11 Jan 06.

On 14 Jun 06, HQ AFPC/DPPRSP advised the  applicant  his  records  had
been administratively corrected to reflect he was awarded the  PH  for
wounds received in action on 11 Aug 45, and the Prisoner of War  (POW)
Medal for being a prisoner of the Japanese from 8 Apr 42 to 14 Sep 45.

[Note: Pursuant to an inquiry by  the  AFBCMR  Staff,  HQ  AFPC/DPPPRA
advised via 13 Jul 06 email that they had noted  the  BSM  certificate
provided by the applicant (Exhibit  A)  but  as  they  could  find  no
special order or other  evidence  in  the  applicant’s  file  that  he
received the basic  award,  they  did  not  recommend  his  separation
documents be administratively corrected to  reflect  receipt  of  that
decoration.]

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR  recommends  denial.   The  applicant  did  not  provide
documentation to substantiate the award of the 1OLC to the  BSM,  such
as a recommendation, special orders, or citation to  substantiate  his
request.   Also,  without  a  military  record,  they  cannot   locate
documents to help in the research to award the BSM.  They advise that,
in a previous request in Nov 98, the military  records  were  reviewed
and no documents were found to substantiate the award of the BSM 1OLC.

The complete HQ AFPC/DPPPR evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 23 Jun 06 for review and comment within 30 days  (Exhibit
D); however, he did not respond to the evaluation.

On 8 Aug 06, the Board requested the applicant send  in  the  original
BSM certificate for examination, as well as any other  documents  that
supported his claims for  the  BSM(s).   In  response,  the  applicant
provided a handwritten letter with the original  BSM  certificate  for
the period 7 Dec 41-10 May 42; a 3 Sep 86 letter  from  HQ  Air  Force
Military Personnel Center (HQ AFMPC -  now  HQ  AFPC),  Randolph  AFB,
advising him the Secretary of the Air Force (SAF) had  approved  award
of the BSM for his actions in  the  Philippines;  a  Citation  with  a
raised seal for the BSM for the period between 7 Dec 41 to 10 May  42;
and Special Order GB-669, dated 21 Aug  86,  awarding  him  and  three
other individuals the BSM for meritorious achievement for  the  period
7 Dec 41-10 May 42.

The applicant’s complete submission, with attachments, is  at  Exhibit
E.

_________________________________________________________________

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 error or injustice to  warrant  partial  relief.   We
note the applicant has been administratively awarded the  PH  and  the
POW medals; therefore, the  only  issue  remaining  for  this  Board’s
consideration pertains to the BSM.  The applicant has requested  award
of the BSM w/1OLC, yet his records did not reflect his receipt of  the
basic, or any subsequent, BSM.  Pursuant to the Board’s  request,  the
applicant provided original documents (a cover letter from HQ AFMPC, a
citation, a certificate and a special order) clearly indicating he was
awarded a BSM by the SAF in 1986.  This would explain why his  WD  AGO
53-55 did not include this decoration as  it  was  awarded  after  his
discharge.   Nonetheless,  the  award  was  bestowed  for  meritorious
achievement during combat  while  serving  in  the  Southwest  Pacific
Theater of Operations between 7 Dec 41 to 10 May 42,  and  we  believe
the applicant’s separation document should reflect this.  However, the
applicant has not provided, nor do his reconstructed records  contain,
any documentation  supporting  his  claim  for  the  BSM  w/1OLC.   We
therefore conclude his request for the BSM w/1OLC should be denied but
that his records should be corrected to reflect award of the  BSM  for
the period indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to the APPLICANT be corrected to show that his WD-AGO Form 53-
55, Enlisted Record and Report of  Separation,  dated  17 April  1946,
reflected award of the Bronze Star Medal for  meritorious  achievement
during combat while  serving  in  the  Southwest  Pacific  Theater  of
Operations between 7 December 1941 to 10 May 1942.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 8 and 15 August 2006 under the provisions of  AFI
36-2603:

                 Ms. Charlene M. Bradley, Panel Chair
                 Mr. John E. Pettit, Member
                 Mr. James A. Wolffe, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence relating to AFBCMR  Docket  Number  BC-
2006-00172 was considered:

   Exhibit A. DD Form 149, dated 14 Mar 05, w/atchs.
   Exhibit B. Applicant's Reconstructed Master Personnel Records.
   Exhibit C. Letter, HQ AFPC/DPPPR, dated 24 Apr 06.
   Exhibit D. Letter, SAF/MRBR, dated 23 Jun 06.
   Exhibit E. Letter, Applicant, dated 8 Aug 06, w/atchs.




                                   CHARLENE M. BRADLEY
                                   Panel Chair


AFBCMR BC-2006-00172




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 XXXXXXX, XXXXXXX, be corrected to show that his WD-
AGO Form 53-55, Enlisted Record and Report of Separation, dated
17 April 1946, reflected award of the Bronze Star Medal for
meritorious achievement during combat while serving in the Southwest
Pacific Theater of Operations between 7 December 1941 to 10 May 1942.





   JOE G. LINEBERGER

   Director

   Air Force Review Boards Agency

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