RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2007-01456
            INDEX CODE:  107.00

            COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 214s, Armed Forces of the United States Report  of  Transfer  or
Discharge, be corrected to include the Prisoner  of  War  (POW)  Medal,  the
Purple Heart (PH) Medal, the Bronze Star Medal (BSM),  and  all  awards  and
decorations he earned during his active military service.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He is entitled to the BSM for his actions defending Bataan at the  beginning
of World War II.

In support of his request, applicant provided copies of his  DD  Form  214s,
WD AGO Form  53s,  Enlisted  Record  and  Report  of  Separation-  Honorable
Discharge, a retirement order,  AF  Form  7,  Airman  Military  Record,  and
excerpts from his USAF Physical Evaluation Board.

The applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant served on active duty during the period 2 Oct 40 to    6  Oct  69.


Records  indicate  that  while  serving  as  a  Medical  Technician  in  the
Philippines he was injured in action against an enemy of the  United  States
and taken Prisoner of War during the Bataan Death March from 9 Apr 42 to  20
Aug 45.

The USAF Physical Evaluation Board Summary Statement, dated     20  Aug  69,
indicated the Formal USAF Physical Evaluation Board reviewed the  record  of
proceedings of applicant’s Medical Board held on 29 Jul 69,  and  determined
that the myositis and arthritis, and the neuritis of the legs were a  direct
result of his injury and diseases he endured during combat  with  the  enemy
and subsequent treatment as a prisoner of war.  Therefore, his  disabilities
are  considered  a  direct  result  of  armed  conflict  and  caused  by  an
instrumentality of war.

On 7 Oct 69, he was retired with  a  compensable  disability  rating  of  70
percent.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR reviewed the application and recommends  the  following  based
upon a review of his records:

    1.  As for the recommendation for the Purple Heart (PH).  On 9  Aug  07,
the applicant’s request for the PH was reviewed by the Purple  Heart  Review
Board (PHRB) and approved.  Additionally, the applicant’s  request  for  the
Prisoner of War (POW) Medal was  verified  and  approved.   The  applicant’s
Report of Separation will be updated to reflect award of the PH and the  POW
medal.

    2.  As for award of the Bronze Star Medal (BSM),  they  were  unable  to
locate  a  Special  Order  or  any  official  recommendation   from   Higher
Headquarters awarding the  applicant  the  basic  BSM  for  his  service  in
Bataan.  Therefore, they  recommend  applicant’s  request  for  the  BSM  be
denied,  and  that  the  applicant  utilize  the   1996   National   Defense
Authorization Act (NDAA) rules for decoration consideration.

         a.  To be awarded the BSM, a member while serving in  any  capacity
with the Armed Forces of the United States on or  after   7  Dec  41,  shall
have distinguished himself by heroic or meritorious achievement or  service.
 There is no conclusive evidence the applicant was approved  or  recommended
for the BSM for his actions  at  Bataan  (i.e.,  special  order,  decoration
certificate, War Department General Order (WDGO), etc.).

         b.  The applicant must utilize  current  administrative  procedures
to be submitted  for  a  recommendation  for  a  military  decoration.   The
timeline for submitting decorations is two years from the date  of  the  act
or achievement.  However, under the Fiscal  Year  1996  NDAA,  Section  526,
which was enacted into law on 10 Feb  96,  this  time  line,  has  now  been
waived.

The DPPPR complete evaluation, with attachments is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 12 Oct 07, a copy of the  Air  Force  evaluation  was  forwarded  to  the
applicant for review and comment within 30 days.  To date,  a  response  has
not been received.

_________________________________________________________________

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.   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’s  records  did  not  contain  a  recommendation  for   the   BSM.
Nonetheless, the BSM is awarded for heroic and  meritorious  achievement  or
service in connection with military operations against an armed enemy.   His
records reflect he served during the Bataan Death March in 1942, and he  was
held as a POW.  We believe the interest of justice can  best  be  served  by
awarding him the BSM for his  heroic  and  meritorious  service  against  an
armed enemy, while defending Bataan  at  the  beginning  of  World  War  II.
Therefore, we conclude that his  records  should  be  corrected  to  reflect
award of the BSM.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to the APPLICANT be corrected to show that he was awarded  the  Bronze  Star
Medal for distinguished meritorious service while engaged in action  against
an enemy of the United States while serving in the  Asiatic-Pacific  Theater
from         7 December 1941 to 8 April 1942.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2007-
01456 in Executive Session on 29 November 2007, under the provisions of  AFI
36-2603:

      Mr. Michael K. Gallogly, Panel Chair
      Ms. Janet I. Hassan, Member
      Mr. Mark J. Novitski, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence pertaining to  Docket  Number        BC-2007-01456  was
considered:

     Exhibit A.  DD Form 149, dated 27 Apr 07.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPPR, dated 10 Oct 07, w/atchs.
     Exhibit D.  Letter, SAF/MRBR, dated 12 Oct 07.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair




AFBCMR BC-2007-01456




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
Bronze Star Medal for distinguished meritorious  service  while  engaged  in
action against an enemy of the United States while serving in  the  Asiatic-
Pacific Theater from 7 December 1941 to 8 April 1942.





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency