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AF | BCMR | CY2013 | BC-2012-02281
Original file (BC-2012-02281.pdf) Auto-classification: Denied
 

 
 

 

 

 
 

 
IN THE MATTER OF:   
     
 
 
 
APPLICANT REQUESTS THAT:  
 
His  late  brother’s  record  be  corrected  to  reflect  award  of  the 
following: 
 

DOCKET NUMBER:  BC-2012-02281 
COUNSEL: NO 
HEARING DESIRED: NOT INDICATED 

1. Bronze Star Medal with one Oak Leaf Cluster (BSM w/1OLC) 
 
2. Distinguished Flying Cross (DFC)  
 
3. Combat Infantry Badge  
 
4. Air Medal (AM) 
 5.  Presidential  Unit  Citation  with  two  Oak  Leaf  Clusters 
 
6. Philippine Liberation Ribbon 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

(PUC w/2OLCs) 

 
_________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
His  late  brother  was  not  issued  any  awards  due  to  the  fact  he 
died in a Prisoner of War (POW) camp during World War II (WWII).   
 
The  applicant’s  complete  submission,  with  attachments,  is  at 
Exhibit A. 
 
_________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
The  member  (decedent)  was  a  member  of  the  Army  Air  Corps  who 
served  with  the  28th  Material  Squadron  in  the  Asiatic-Pacific 
Theater during WWII.   
 
According to a War Department’s Report of Death, dated 3 January 
1946,  the  member,  serving  in  the  grade  of  private  first  class, 
died  from  Beri-Beri  (a  disease  caused  by  improper  diet)  and 
Malaria on 10 December 1942, while being held as a prisoner in a 
Japanese POW Camp (Cabanatuan) in the Philippine Islands.   
 
_________________________________________________________________ 
 

AIR FORCE EVALUATION: 
 
AFPC/DPSID  recommends  denying  the  applicant’s  request  for  the 
award of the BSM w/1OLC, DFC, AM, PUC w/2OLCs, Combat Infantryman 
Badge,  and  Philippine  Liberation  Ribbon.    DPSID  indicates  that 
according to applicable guidance, the Department of the Army is 
the sole approval authority for the Combat Infantry Badge and the 
associated  BSM  w/1OLC;  therefore,  the  next  of  kin  must  submit 
this  portion  of  his  request  to  the  Department  of  the  Army  for 
consideration.  To grant the member award of the Combat Infantry 
Badge  and  the  associated  BSM  w/1OLC  would  be  contrary  to  the 
agreement  between  the  Department  of  the  Army  and  Department  of 
the  Air  Force  established  by  the  Joint  Army  and  Air  Force 
Adjustment Regulations (JAAFAR) 1-11-53, 2b(8), dated 20 December 
1948.   
 
The  member  did  not  serve  on  active  duty  during  the  award 
inclusive  period  for  the  Philippine  Liberation  Ribbon  as  he 
unfortunately  died  in  the  POW  camp  several  years  prior  to  the 
liberation  of  the  Philippines;  therefore,  he  is  ineligible  for 
this award.   
 
DPSID  indicates  that  after  a  thorough  review  of  the  member’s 
record,  they  were  unable  to  locate  any  official  documentation 
verifying the member served with a unit which received award of 
the  PUC;  therefore,  he  is  ineligible  for  award  of  the  PUC 
w/2OLCs. 
 
All avenues have not been exhausted for retroactive request for 
award  of  the  DFC  and  the  AM.    In  addition,  the  request  is 
incomplete  as  the  package  should  include  the  following:  1)  a 
signed recommendation; 2) eyewitness statements attesting to the 
fact(s)  of  valor  or  service  performed,  sworn  affidavits;  3)  a 
referral by a Member of Congress; and 4) proposed citations.   
 
In correspondence dated 28 May 2010, DPSID notified the applicant 
that his brother’s record had been administratively corrected to 
reflect  award  of  the  Purple  Heart  (PH),  POW  Medal,  American 
Campaign Medal (ACM), WWII Victory Medal (WWIIVM), and Philippine 
Presidential Unit Citation (PRPUC) as a result of his appeal for 
correction of records on 10 November 2009. 
 
DPSID  states  in  regard  to  the  applicant’s  most  recent  request, 
they have also verified the member’s entitlement to award of the 
Good Conduct Medal (GCM), Asiatic-Pacific Campaign Medal (APCM), 
and the Philippine Defense Meal (PDR).  Their office will correct 
the record to reflect these awards upon final Board decision.   
 
The complete DPSID evaluation, with attachments, is at Exhibit C.   
 
_________________________________________________________________ 
 

 2

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 
A copy of the Air Force evaluation was forwarded to the applicant 
on  26  February  2013  for  review  and  response  within  30  days 
(Exhibit  D).    As  of  this  date,  this  office  has  received  no 
response. 
 
_________________________________________________________________ 
 
THE BOARD CONCLUDES THAT: 
 
1.  The applicant has exhausted all remedies provided by existing 
law or regulations in regard to his requests to correct his late 
brother’s record to reflect award of the DFC, AM, PUC w/2OLC, and 
the Philippine Liberation Ribbon.  However, he has not exhausted 
all remedies provided by existing law or regulations pertaining 
to the Combat Infantryman Badge (CIB) and the Bronze Star Medals.   
 
2.  The application was not timely filed; however, it is in the 
interest of justice to excuse the failure to do so. 
 
3.  Insufficient  relevant  evidence  has  been  presented  to 
demonstrate the existence of an error or an injustice.  In this 
respect, we note that after thoroughly reviewing the evidence of 
record  and  noting  the  applicant’s  contentions,  we  are  not 
persuaded the member should be awarded the DFC, AM, PUC w/2OLCs, 
and the Philippine Liberation Ribbon.  Additionally, as indicated 
by AFPC/DPSID and the documentation submitted by the applicant in 
support of this appeal, requests for the Combat Infantryman Badge 
and  the  associated  Bronze  Star  Medals  should  be  sent  to  the 
Commander,  U.S.  Army  Human  Resources  Command,  AHRC-CC-B, 
1 Reserve Way, St. Louis, MO 63132-5200. In this regard, we agree 
with  the  recommendation  of  the  Air  Force  office  of  primary 
responsibility  and  adopt  its  rationale  as  the  basis  for  our 
conclusion that the member has not been the victim of an error or 
injustice  and/or  exhausted  his  administrative  remedies.  
Therefore, in the absence of evidence to the contrary, 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. 
 
_________________________________________________________________ 
 

 3

The  following  members  of  the  Board  considered  AFBCMR  Docket 
Number BC-2012-02281 in Executive Session on 14 March 2013, under 
the provisions of AFI 36-2603: 
 

Vice Chair 
Member 
Member 
 

The  following  documentary  evidence  was  considered  in  connection 
with AFBCMR Docket Number BC-2012-02281: 
 
 
 
 
 
 
 
 

Exhibit A.  DD Form 149, dated 21 May 12, w/atchs. 
Exhibit B.  Applicant's Master Personnel Records. 
Exhibit C.  Letter, AFPC/DPSID, dated 17 Sep 12, w/atchs.  
Exhibit D.  Letter, SAF/MRBR, dated 26 Feb 13. 

Vice Chair 

 4



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