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 uncles 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 members 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
members 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 applicants 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 applicants 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
applicants 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 members 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 members 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.
_________________________________________________________________
APPLICANTS 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 uncles 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
applicants 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 uncles 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 applicants 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 members 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 members 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 members 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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