RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2010-03388
                                             INDEX CODE:  100.00
      XXXXXXX                           COUNSEL:  NONE

                                             HEARING DESIRED:  NO


________________________________________________________________

APPLICANT REQUESTS THAT:

Her late brother’s records be corrected to reflect his  entitlement  to  the
Purple Heart (PH).

________________________________________________________________

APPLICANT CONTENDS THAT:

In accordance with Public Law 104-106, her late brother is entitled  to  the
PH since he died while held in captivity as a Prisoner-of-War (POW)  of  the
Japanese Army.

While serving in the Army Air Corps, he was captured by  the  Japanese  Army
on 7 May 1942 and interned as a POW until his death on 22 March 1943.

On 1 October 2008, the Department of Defense (DoD) revised the guidance  for
entitlement to the  PH,  to  include  those  POWs,  as  evidenced  by  their
entitlement to the POW Medal, who died while held in captivity.

In support of the appeal,  the  applicant  submits  documentation  from  the
National Archives confirming her late brother’s captivity  and  death  as  a
POW, a 2006 response to an inquiry by her member of Congress confirming  his
entitlement to the POW Medal, and a 1 October  2008  revised  Department  of
Defense policy memorandum concerning the posthumous award of the PH to  POWs
who dies while in captivity.

Applicant’s complete submission, with attachments, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The servicemember was a former member of the Army Air Corps, who served on
active duty from 4 September 1940 until 22 March 1943.

While assigned to the 28th Material Squadron, 20th Air Base Group, Far  East
Air  Force,  at  Clark  Field/Fort  Stotsenburg,  the  Philippines,  he  was
captured by the Japanese  Army  on  7 May  1942,  during  the  fall  of  the
Philippine Islands.  He was  one  of  approximately  75,000  allied  members
forced to participate in  the  tortuous  61-mile  Bataan  Death  March;  and
interned at O’Donnell and Cabanatuan POW Camps in the Philippines.   He  was
later transferred to Hoten POW Camp in Mukden, Manchuria where he  was  held
until his death on 22 March 1943.

In accordance with Army Regulation  (AR)  600-45,  Decorations,  during  the
period in question, the  PH  was  awarded  for  wounds  received  in  action
against an enemy of the United States, or as a direct result of  an  act  of
such  enemy,  provided  such  wound  necessitated  treatment  by  a  medical
officer. For the purpose of awarding the PH,  a  wound  was  defined  as  an
injury to any part of the body from an outside  force,  element,  or  agent,
sustained as the result of a hostile act of the enemy, or  while  in  action
in the face of the enemy.  When a person eligible for award of  the  PH  was
treated for a wound, the commanding officer of the hospital, or the  medical
officer who treated the wound,  furnished  the  commanding  officer  of  the
wounded person a certificate briefly describing the  nature  of  the  wound,
and  certifying  the  necessity  of  treatment.   In  addition,  a   wounded
soldier’s unsupported statement could be accepted in unusual or  extenuating
circumstances when, in the opinion of  the  officer  making  the  award,  no
corroborative evidence was obtainable.   However,  the  statement  would  be
substantiated if possible.

On 10 February 1996, Section 621, Award of Purple Heart to  Persons  Wounded
While Held as Prisoners of War Before 25 April 1962, of Public Law  104-106,
authorized the Secretaries concerned, for purposes of awarding  the  PH,  to
treat a former POW, who was wounded before April 25, 1962, while held  as  a
POW (or while being taken captive) in the same manner as a  former  POW  who
is wounded on or after that date while held as a POW.  For  the  purpose  of
defining entitlement to the PH, a former POW is a  person  who  is  eligible
for the POW Medal.

On 14 April 2006, the applicant’s Congressman was  advised  the  member  was
entitled to the POW Medal and advised the Purple Heart Review Board had  the
authority to award the PH on  behalf  of  the  Secretary;  however,  such  a
request  must  be  accompanied  by  a  detailed  personal  account,  medical
documentation  substantiating  medical  treatment  was  received,   and   an
eyewitness account from someone, if possible, who  saw  the  member  injured
and can attest to the circumstances of how he received the injury.

In a  Memorandum  for  the  Secretaries  of  the  Military  Departments  and
Chairman of the Joint Chiefs of Staff, dated 1 October 2008,  the  Principal
Deputy to the Under  Secretary  of  Defense  for  Personnel  and  Readiness,
provided policy guidance authorizing award of the  PH  Medal  to  qualifying
POWs who are killed or  die  while  in  captivity  as  POWs,  provided  they
qualify for the POW Medal.

________________________________________________________________

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.  In support of her request to  correct  her
late brother’s records to show his entitlement  to  the  PH,  the  applicant
provides  documentation  from  the  National  Archives  substantiating   his
entitlement to the POW Medal and confirming his death while  interned  as  a
POW.  In view of this and noting the governing law was subsequently  changed
whereby entitlement to the PH was bestowed upon those POWs  who  died  while
held in captivity, we recommend his  records  be  corrected  to  the  extent
indicated below.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to MEMBER, be corrected to show that he is entitled to the Purple Heart  for
injuries he received, resulting in his death, while a Prisoner-of-War  (POW)
of the Japanese Army in a Manchurian POW camp on 22 March 1943.

________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2010-
03388 in Executive Session on 16 September 2010,  under  the  provisions  of
AFI 36-2603:

            Mr. Anthony P. Reardon, Panel Chair
            Mr. Mark Allen, Member
            Ms. Deborah T. Peeler, Member

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

     Exhibit A.  DD Form 149, dated 14 Sep 10, w/atchs.





                                   ANTHONY P. REARDON
                                   Panel Chair




AFBCMR BC-2010-03388




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 XXXXXX, be corrected to show that he is entitled to  the  Purple
Heart for injuries he received, resulting in his death, while a Prisoner-of-
War (POW) of the Japanese Army in a Manchurian POW camp on 22 March 1943.







            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency