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AF | BCMR | CY2013 | BC 2013 01059
Original file (BC 2013 01059.txt) Auto-classification: Denied

  RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	   DOCKET NUMBER: BC-2013-01059
		  	   COUNSEL:  NONE
     	  	 	   HEARING DESIRED:  NO
     

_________________________________________________________________

APPLICANT REQUESTS THAT:

The decedent is awarded the following awards and decorations:  
 
1.  Bronze Star Medal (BSM) (Administratively Corrected).     

2.  Prisoner of War Medal (PWM) (Administratively Corrected).        

3.  Presidential Unit Citation with two Oak Leaf Clusters (PUC 
w/2 BOLCs) (Administratively Corrected).

4.  Asiatic Pacific Campaign Medal (APCM) (Administratively 
Corrected).     

5.  World War II Victory Medal (WWIIVM) (Administratively 
Corrected).       

6.  Gold Star Lapel Button.        

7. American Defense Service Medal (ADSM) (Administratively 
Corrected).

_________________________________________________________________

APPLICANT CONTENDS THAT:

On 7 May 42, the decedent was assigned to the 2nd Battalion, 
Philippine Islands when he was captured as a Prisoner of War 
(POW).

On 10 Jun 42, he died while a POW.

Under the provisions of AFP 900-2, Unit Decorations, Awards and 
Campaign Participation Credit dated 15 Jun 71, he is authorized 
award of the PUC w/2 BOLCs.  

In Accordance With (IAW) AR 600-8-22, Military Awards, and Code 
of Federal Regulations dated 1 Jul 07, he is entitled to the BSM 
as a recipient of the PUC. 

In support of her requests, the applicant provides a personal 
statement, copies of his National Archives and Records 
Administration (NARA) records and Congressional inquiry.

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

_________________________________________________________________

STATEMENT OF FACTS:

The decedent was a member of the Army Air Corps.

On 10 Jun 42, he died at Camp O’Donnell, Philippine Islands, 
while a POW of the Japanese.  

The Gold Star Lapel Button shall be distributed to the widow, 
widower, each parent, each child, each brother, each sister of a 
member of the United States Armed Forces who meets any of the 
following criteria: who lost his or her life during World War I, 
World War II, 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.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSID recommends denial of the applicant’s request for the 
Gold Star Lapel Button.  Unfortunately, with the passing of the 
decedent’s sister, the request had to be resubmitted by a living 
Next of Kin (NOK).  IAW with the criteria established for the 
Gold Star Lapel Button, the niece does not meet the eligibility 
criteria.  To grant the relief sought would be contrary to the 
criteria established by the War Department, the Department of 
Defense and/or the Secretary of the Air Force.

Based on a review of his official military personnel records, he 
should have been awarded the following awards during his service 
from 6 Jun 41 to 10 Jun 42:  BSM, PWM, PUC w/2 BOLC, APCM     
w/1 BSS, WWIIVM, ADSM, Philippine Republic Presidential Unit 
Citation (PRPUC) and Philippine Defense Ribbon with one Bronze 
Service Star (PDR w/1 BSS).  A copy of the DPSID evaluation will 
be placed in his official military personnel records to verify 
the awards. 

The complete DPSID evaluation is at Exhibit C.  

_________________________________________________________________


APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

She understands as the niece she does not qualify for the Gold 
Star Lapel Button.  She is still seeking the other medals due to 
him for his military service from 6 Jun 41 to 10 Jun 42.  She is 
the oldest living relative and respectfully requests the medals 
for his family.  She has tried her best to accomplish this 
mission and appreciates the file remaining open to do this.  

The applicant’s complete response is at Exhibit E.  

_________________________________________________________________

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 to warrant 
distributing the Gold Star Lapel Button to the applicant.  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 
(OPR) and adopt the rationale expressed as the basis for our 
conclusion that the applicant has not been the victim of an 
error or injustice.  Therefore, aside from the administrative 
corrections noted above, we find no basis to recommend granting 
the relief sought in this application. 

________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not 
demonstrate the existence of material error or injustice; that 
the application was denied without a personal appearance; and 
that the application will only be reconsidered upon the 
submission of newly discovered relevant evidence not considered 
with this application.

________________________________________________________________

The following members of the Board considered AFBCMR Docket 
Number BC-2013-01059 in Executive Session on 27 May and 22 Jul 
14, under the provisions of AFI 36-2603:
     
      , Panel Chair
      , Member
      , Member

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2013-01059 was considered:

     Exhibit A.  DD Form 149, dated 18 Jul 13, w/atchs.
     Exhibit B.  Applicant’s Available Master Personnel Records
     Exhibit C.  Letter, AFPC/DPSID, 31 Dec 13
     Exhibit D.  SAF/MRBR, dated 24 Jan 14.
     Exhibit E.  Letter, Applicant, dated 19 Feb 14.  



 

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