RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:		DOCKET NUMBER: BC-2011-01927
	 (DECEASED)		COUNSEL:  NONE
	 (APPLICANT)		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His late uncle’s records be corrected show that he was 
posthumously awarded the Bronze Star Medal with Valor (BSM w/V).

By amendment, the applicant requests that his late uncle also be 
issued the Purple Heart (PH) and the Good Conduct Medal (GCM).

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APPLICANT CONTENDS THAT:

His late uncle is entitled to a BSM w/V per United States Code 
(USC), Title 32, National Defense, Volume 3, Section 578.16(4).

The Air Force erred by not awarding the BSM when other medals 
were awarded on 22 Feb 12.

In support of his request, the applicant provides copies of 
Title 32, information pertaining to the activities of the 27th 
Bombardment Group, AFPC/DPSIDRA letter relating to awards, and 
information extracted from the National Achieves and Records 
Administration (NARA) database.

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

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STATEMENT OF FACTS:

The former member’s records were destroyed by fire in 1973, at 
the National Personnel Record Center.  Therefore, the following 
information has been extracted from the documentation provided 
by the applicant and the reconstructed military record.

According to information extracted from the NARA database, the 
former member was a member of the Army Air Corps, and served on 
active duty from 5 Aug 39 through 4 Jul 42, and died on 4 Jul 
42 in a Prisoner of War (POW) camp in the Philippine Islands.

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, 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.  
When awarded for heroism, the BSM is annotated by a bronze “V” 
device (to designate valor).

In accordance with United States Code, Title 32, Section 578.16, 
dated 1 Jul 07:  Upon letter application, award of the BSM may 
be made to eligible soldiers who participated in the Philippine 
Islands Campaign, from 7 Dec 41 to 10 May 42.  Performance of 
duty must have been on the Island of Luzon or the Harbor 
Defenses in Corregidor and Bataan.  Only Soldiers who were 
awarded the Distinguished Unit Citation (redesignated the 
Presidential Unit Citation (PUC) on 3 Nov 66) may be awarded 
this decoration.

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AIR FORCE EVALUATION:

AFPC/DPSID recommends approval for award of the BSM; however, 
they recommend disapproval of the Valor device.  After a 
thorough review of the applicant’s reconstructed military record 
DPSID verified the former member served on the Island of Luzon 
between 7 Dec 41 and 10 May 42, and his unit, the 2nd 
Observation Squadron, 27th Bombardment Group, was awarded the 
PUC for its action that period.

DPSID recommends disapproval for the award of Valor.  Title 
32 does not indicate that the BSM medal is being approved for 
heroism, nor does it indicate that the Valor device is included 
in the award.

The complete DPSID evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

His uncle served as an infantryman for about three months.  
During this time he and his comrades in arms were bombed and 
shelled almost daily.  They repelled numerous infantry attacks.  
These men carried on a stout defense despite subsisting on half 
rations (or less) for months and while suffering malaria and 
other jungle diseases.  To deny a valor commendation to any of 
these men is an insult.

Justice in this case would be for the Air Force to issue his 
late uncle the PH, GCM, and award and issue the BSM w/V.

The applicant's complete response, with attachments, is at 
Exhibit E.

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ADDITIONAL AIR FORCE EVALUATION:

AFPC/DPSID recommends denial of the applicant’s request for 
award of the GCM.

The applicant previously provided a copy of the Department of 
the Army Permanent Order 309-13, dated 5 Nov 09, awarding the 
GCM to his late uncle for his active duty service; therefore, 
the Air Force cannot also award the GCM as it would constitute 
dual recognition.

The complete DPSID evaluation is at Exhibit F.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant summarizes his attempts over the last four years 
to get his late uncle his U.S. medals.

The Army awarded his uncle the PH and GCM; however, they do not 
allow a nephew to receive them so the medals were never issued.

The AF should issue the PH.  The Air Force is not obligated to 
recognize the improper invalid decisions of the Army.  He does 
not see this as “dual recognition” because the Army never issued 
any medals.  His family should not be penalized because the Army 
acted improperly.

The Air Force should issue the GCM which is likewise being 
withheld on a technicality.

The Air Force should issue the BSM w/V device.  It is unjust to 
deny such to any combat infantryman who fought in the terrible 
conditions of Bataan.

The medals in question belong to his late uncle, not to the 
government.  They became his when he performed his duty and gave 
his life.  Jurisdictional disputes and technicalities are 
nothing but obfuscations that should be set aside in the 
interest of justice.

The applicant's complete response is at Exhibit H.

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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.  Insufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice regarding the 
applicant’s request to be issued the Purple Heart and Air Force 
Good Conduct Medal.  We note that the Department of the Army 
sent the applicant a letter dated 17 Nov 09, announcing the 
approval of the award of the PH and Army GCM.  Additionally, the 
letter advised that the awards could not be issued without 
either a written signed request or a privacy release statement 
from the former member’s primary next-of-kin. Therefore, we find 
no basis to act on this portion of his request.  Regarding his 
request for award of the Valor device, as pointed out by DPSID, 
Title 32 does not indicate that the BSM was approved for 
heroism, nor does it indicate that the Valor device was included 
in the award.  Therefore, we agree with the opinion and 
recommendation of DPSID and adopt its rationale as the basis for 
our conclusion the applicant has not been the victim of an error 
or injustice.  In view of the above and in the absence of 
evidence to the contrary, we find no basis to recommend granting 
this portion of his request.

4.  Sufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice to warrant 
approval of the BSM.  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 that DPSID recommends 
approval for award of the BSM based on the member meeting the 
criteria per Title 32, dated 1 Jul 07, for his service in the 
Philippines from 7 Dec 41 to 10 May 42.  Therefore, we agree 
with the recommendation of DPSID and adopt the rationale 
expressed as the basis for our decision that the applicant has 
been the victim of either an error or injustice.  In view of the 
above, we recommend his records be corrected to the extent 
indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air 
Force relating to FORMER MEMBER, be corrected to show that he 
was awarded the Bronze Star Medal (BSM).

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The following members of the Board considered AFBCMR Docket 
Number BC-2011-01927 in Executive Session on 19 Nov 13, under the 
provisions of AFI 36-2603:

				, Panel Chair
				, Member
				, Member



All members voted to correct the records, as recommended.  The 
following documentary evidence pertaining to Docket Number     
BC-2011-01927 was considered:

     Exhibit A.  DD Form 149, dated 18 Jan 13, w/atchs.
     Exhibit B.  Reconstructed Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPSID, dated 22 Apr 13.
     Exhibit D.  Letter, SAF/MRBR, dated 9 May 13.
     Exhibit E.  Letter, Applicant, dated 28 May 13, w/atchs.
     Exhibit F.  Letter, AFPC/DPSID, dated 16 Sep 13.
     Exhibit G.  Letter, SAF/MRBC, dated 27 Sep 13.
     Exhibit H.  Letter, Applicant, dated 12 Oct 13.




                                  
                                   Panel Chair