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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