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AF | BCMR | CY2011 | BC 2011 03890
Original file (BC 2011 03890.txt) Auto-classification: Approved
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2011-03890
		COUNSEL: NONE
		HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His late uncle’s record be corrected to reflect award of the 
following:

a.	Bronze Star Medal with One Oak Leaf Cluster (BSM w/1OLC).
b.	Purple Heart (PH) w/3OLCs.
c.	Prisoner of War Medal (POW).
d.	Combat Infantryman Badge (CIB).
e.	Distinguished Unit Citations (DUC) w/2OLCs (formerly known 
as the Presidential Unit Citation)[sic].
f.	Philippine Republic Presidential Unit Citation (PRPUC).
g.	Asiatic Pacific Campaign Medal (APCM).
h.	American Defense Ribbon [sic].
i.	Good Conduct Medal (GCM).
j.	World War II Victory Medal (WWIIVM).
k.	Gold Star Lapel Pin [sic].

_________________________________________________________________

APPLICANT CONTENDS THAT:

His late uncle earned the medals as a result of his service in 
the 3rd Pursuit Squadron (3rd PS), 24th Pursuit Group (24th PG), 
from 8 Dec 41, on the Iba Field through the Battle of Bataan and 
Corregidor.  

This group was commandeered to be an infantry group on 25 Dec 
41 on Bataan (17th Provisional Infantry) after the Japanese 
destroyed the fighting capabilities of the air forces and earned 
three DUCs during the period of 7 Dec 41 through 10 May 92.

According to Secretary of the Military Departments Chairman of 
the Joint Chiefs of Staff memorandum dated 1 Oct 08, his late 
uncle is entitled to the PH.

Documents reveal the 24th PG ground personnel were absorbed by 
infantry units on I Corps line during the Battle of the Points.  
They fought alongside members of units such as the Philippine 
Constabulary which were recognized with the BSM and the Combat 
Infantryman Badge.  

For outstanding performance, members assigned to the 24th PG were 
awarded three DUCs during the periods 7 Dec 41 to 10 May 42, 8-
22 Dec 41, and 6 Jan – 8 Mar 42.

For outstanding performance members assigned to the 24th PG were 
awarded the PRPUC during the period 7 Dec 41 to 10 May 42.

According to the War Department (WD) Circular 269, dated 27 Oct 
43 and WD Circular 105, dated 13 Mar 44, members of the 24th PG 
qualified for the CIB.  Members of the United States Army (USA) 
were not required to possess the Military Occupational Specialty 
(MOS) of an infantryman or be assigned to an infantry unit.  The 
determination that the award of the CIB would be confined to 
personnel whose basic branch was infantry and who, during active 
ground combat, were assigned to the Table of Organization 
Infantry (TOI) units was effective 11 Oct 44, when WD Circular 
408 was approved.  Furthermore, the requirement for the MOS was 
not required until the 1960s.  

The WWWII POW data file confirms his late uncle was assigned to 
the 24th PG.

In support of his request, the applicant provides personal 
statements, copies of information extracted from the National 
Archives and Records Administration (NARA) database, a newspaper 
article, photo, maps, Wikipedia extracts and various other 
documents associated with his request. 

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

_________________________________________________________________

STATEMENT OF FACTS:

The former member’s master personnel records were apparently 
located in the area most heavily damaged in the fire at the 
National Personnel Records Center (NPRC) in 1973.  Therefore, 
the following information has been extracted from the documents 
submitted by the applicant and through available documentation 
from the NARA. 

According to information extracted from the NARA database and 
the applicant, the former member was a member of the Army Air 
Corps and served on active duty from 25 Aug 39 through 26 Feb 
43, and participated in the Southern Philippines and Battle of 
Bataan and Corregidor in the Asiatic-Pacific Theatre, while 
assigned to the 3rd PS, 24th PG, V Interceptor Command.  

According to the applicant, the former member was captured on 
7 May 42 and held a POW.
According to WD AGO Form 52-1, War Department Report of Death 
dated 17 Sep 45; the member, served in the grade of sergeant and 
died from diarrhea on 26 Feb 43, while being held as a POW.  

The CIB was established by the War Department on 27 Oct 43 and 
was retroactively awarded by the Army to those who participated 
in active ground combat while assigned as a member of an 
infantry or Special Forces unit, brigade of smaller size, during 
any periods subsequent to 6 Dec 41.  Subsequent awards of the 
CIB are not authorized for the same qualifying period.  War 
Department Circular 105, dated 13 Mar 44, amended the CIB 
requirements by authorizing retroactive award of Expert and CIB 
to any infantryman, who, on or after 6 Dec 41, has established 
eligibility and been recommended for such award. 

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 United States on or after 7 Dec 41, whose distinguishes, 
or has distinguished, himself or herself by heroic (valorous), 
or meritorious achievement or service, not involving 
participation in aerial flight, in connection with military 
operations against an armed enemy.  The award recognizes acts of 
heroism performed in ground combat if they are of lesser degree 
than that required for the Silver Star.  It also recognizes 
single acts of merit and meritorious service if the achievement 
or service is of a lesser degree than that deemed worthy of the 
Legion of Merit, but such service must have been accomplished 
with distinction. 

In accordance with Army Regulation 600-8-22, paragraph 3-24 (2), 
dated 11 Dec 06, award of the BSM may be made to each member of 
the Armed Forces of the United States who, after 6 Dec 41, has 
been cited in orders or awarded a certificate for exemplary 
conduct in ground combat against an armed enemy between 7 Dec 
41 and 2 Sep 45, inclusive, or whose meritorious achievement has 
been otherwise confirmed by documents executed prior to 1 Jul 
47.  For this purpose, an award for the CIB is considered a 
citation and orders.  In relation to requests for the BSM 
associated with award of the CIB, applicants should send their 
letter application to Commander, U.S. Army Human Resources 
Command, AHRC-CC-B, 1 Reserve Way, St. Louis, MO 63132-5200.  
The letter of application should include documentary evidence, 
if possible.

The PUC, formerly known as the DUC is awarded to units of the 
United States Armed Forces and cobelligerent nations, for 
extraordinary heroism in action against an armed enemy on or 
after 7 Dec 41. 

The PRPUC is awarded to members of the Armed Forces of the 
United States for service culminating in the liberation of the 
Philippine Islands during the Second World War.  The conditions 
were the same as would be required for award of the PUC of the 
United States.

The APCM is awarded for service outside the continental United 
States in the Asiatic-Pacific Theater for at least 30 days 
between 7 Dec 41 and 2 Mar 46.

The Gold Star Lapel Button shall be distributed to the widow, 
widower, each parent, child, brother, and sister of a member of 
the United States Armed Forces  who meets any of the following 
criteria: lost his or her life during WWI, WWII, or any 
subsequent period or armed hostilities in which the United 
States was engaged before 1 Jul 58 or who lost his or her life 
after 30 Jun 58 while engaged in an action against an enemy of 
the United States or while engaged in military operations 
involving conflict with an opposing foreign force or while 
serving with friendly forces engaged in an armed conflict in 
which the United States is not a belligerent party against an 
opposing armed force any time since 30 Jun 58. 

According to Air Force Pamphlet 900-2, Unit Decorations, Awards, 
and Campaign Participation Credits, dated 15 Jun 71, the former 
member’s squadron of assignment, i.e., 3rd PS, is entitled to 
three DUCs for the periods 7 Dec 41 – 10 May 42, 8 -22 Dec 41, 
and 6 Jan 42 – 8 Mar 42 and his former group of assignment, 
i.e., 24th PG, V Interceptor Command, is entitled to the PRPUC 
for the periods 7 Dec 41 – 10 May 42 and 17 Oct 44 – 4 Jul 45.

On 13 Dec 11, the applicant’s case was closed by SAF/MRBR until 
such time as the applicant provided a certified document 
validating that he was the next of kin of the former member.  On 
24 Apr 13, the requested documentation was received and the case 
was reopened. 

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSID recommends denial of the applicant’s request for 
award of the BSM w/1OLC, PH w/3OLCs, CIB, PUC w/2OLCs, PRPUC, 
APCM and Gold Star Lapel Ribbon  

On 5 Dec 13, the PH Review Board reviewed and approved the 
applicant’s request that his uncle be awarded the PH.  Once they 
receive the signed PH certificate, they will contact the next of 
kin for presentation.

DPSID states that based on the limited documentation, they were 
unable to verify the member served with a unit that was awarded 
the PUC or the PRPUC w/2OLCs [sic].  In addition, they were 
unable to locate any official documentation verifying the member 
was recommended for and awarded the BSM.  A recommendation, 
proposed citation, and eyewitness accounts were not provided by 
the applicant for award of the BSM w/1OLC to be reasonably 
considered.

The request for the Gold Star Lapel Button was submitted by the 
service member’s nephew; therefore, in accordance with the 
criteria established for award of the Gold Star Lapel Button the 
nephew does not meet criteria. 

DPSID was unable to verify the member served in the Asiatic 
Pacific Theater for at least 30 days during the award inclusive 
period. 

AFPC/DPSID, verified the member’s entitlement to PH, POW, GCM, 
WWIIVM, and the ADSM, and will administratively correct his 
records to reflect these awards. 

The complete DPSID evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 24 Jan 14, for review and comment within 30 days 
(Exhibit D).  As of this date, this office has not received a 
response. 

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has not exhausted all remedies provided by 
existing law or regulations in regards to his request to correct 
his late uncle’s records to reflect an additional BSM and the 
CIB.  Based on the documentation submitted by the applicant in 
support of this appeal, these requests should be sent to 
Commander, U.S. Army Human Resources Command, AHRC-CC-B, 
1 Reserve Way, St. Louis, MO 63132-5200.  

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

3.  Insufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice to warrant award 
of the Gold Star Lapel Button.  We took notice of the 
applicant’s complete submission in judging the merits of this 
case; however, we agree with the opinion and recommendation of 
the Air Force Office of Primary Responsibility and adopt the 
rationale expressed as the basis for our conclusion that the 
member has not been the victim of an error or injustice.  While 
the applicant requests his late uncle’s record be corrected to 
reflect the PH w/3OLCs; the evidence only supports award of the 
basic PH.  Therefore, in the absence of evidence to the 
contrary, we find no basis to recommend granting this portion of 
the applicant’s request

4.  Notwithstanding the above, sufficient relevant evidence has 
been presented to demonstrate the existence of an error or 
injustice to warrant correcting the former member’s records to 
reflect entitlement to the DUCs w/2OLCs, PRPUC, BSM, and the 
APCM with One Bronze Star (APCM w/1BS).  After thoroughly 
reviewing the evidence provided by the applicant and the 
documentation contained in the reconstructed military record, we 
believe partial relief is warranted.  In this respect, we note 
the former member was assigned to the 3rd Pursuit Squadron, 24th 
Pursuit Group, V Interceptor Command, and captured by the 
Imperial Japanese Army on 7 May 42 during the fall of the 
Philippine Islands and held as a POW until his death on 26 Feb 
43.  According to Air Force Pamphlet 900-2, dated 15 Jun 71, the 
3rd Pursuit Squadron was awarded three DUCs for the periods 7 Dec 
41 – 10 May 42, 8 - 22 Dec 41, and 6 Jan 42 – 8 Mar 42 and the 
24th Pursuit Group was awarded the PRPUC for the period 7 Dec 
41 – 10 May 42.  Although currently organizations subordinate to 
a higher wing or group are not bestowed unit awards unless the 
subordinate units are also identified as recipients, this was 
not the case during the period in question.  Moreover, we 
recognize that during the fall of the Philippine Islands members 
of ground personnel assigned to the 24th Pursuit Group were 
absorbed by various infantry units and heroically fought in 
defense of the islands until their death or capture.  While we 
have no documentary evidence that confirms, with any certainty, 
what period the former member was assigned to the 3rd Pursuit 
Squadron, 24th Pursuit Group, V Interceptor Command, in view of 
the fact that he was captured on 7 May 42, it is clear that he 
was assigned during the periods for which the unit citations 
were awarded.  Regarding the request for award of the BSM, we 
note that in accordance with AR 600-8-22, Military Awards, the 
former member is entitled to award of the BSM for his assignment 
to a unit awarded the DUC for service in the Philippines from 
7 Dec 41 – 10 May 42.  We note DPSID was unable to verify the 
former member served in the Asiatic Pacific Theater 30 days 
during the award inclusive period.  However, the official 
documentation provided by NARA clearly shows the unit of 
assignment for the applicant was the 3rd Pursuit Squadron until 
his death in captivity on 26 Feb 43.  In this particular area, 
NARA is the final authority for all personnel records unless the 
Air Force can produce documentation that conflicts with their 
expertise.  The Air Force has not produced such documentation.  
Therefore, we believe that the authority of NARA should not be 
questioned.  In view of this, we find the evidence in this case 
sufficient to recommend the member be awarded the DUC w/2OLCS, 
PRPUC, BSM and the APCM w/1BS.  We note the member’s records 
will be administratively corrected to reflect award of the PH, 
Prisoner of War (POW), Good Conduct Medal (GCM), World War II 
Victory Medal (WWIIVM) and the American Defense Service Medal 
(ADSM).  Accordingly, we recommend the member’s 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 the FORMER MEMBER, be corrected to show that 
he was awarded the Distinguished Unit Citation with two Oak Leaf 
Clusters (DUC w/2OLCs), the Philippine Republic Presidential 
Unit Citation (PRPUC), the Asiatic Pacific Campaign Medal with 
One Bronze Star (APCM w/1BS) and the Bronze Star Medal (BSM).  

_________________________________________________________________

The following members of the Board considered Docket Number    
BC-2011-03890 in Executive Session on 25 Mar 14, under the 
provisions of AFI 36-2603:

				Panel Chair
				Member
				Member

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

Exhibit A.  DD Form 149, dated 3 Oct 11, w/atchs.
Exhibit B.  Applicant's Available Personnel Records.
Exhibit C.  Letter, AFPC/DPSID, dated 2 Jan 14.
Exhibit D.  Letter, SAF/MRBR, dated 24 Jan 14.




								
								Panel Chair

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