RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:		 DOCKET NUMBER: BC-2013-00650
		  		 COUNSEL:  NONE
    (DECEASED)  		 HEARING DESIRED:  NO


    (APPLICANT)	 

________________________________________________________________

APPLICANT REQUESTS THAT:

The deceased member be awarded: 

1.  The Purple Heart (PH).

2.  Any other appropriate awards. 
 
________________________________________________________________

APPLICANT CONTENDS THAT:

The deceased member incurred permanent physical damage to his 
body that was caused by the treatment he received as a Prisoner 
of War (POW). 

During imprisonment, the deceased member was starved, developed 
beriberi and dysentery, lost his testicles, suffered malaria and 
other illnesses.  He also fell 25 feet in a coalmine shaft and 
suffered a concussion. 

The deceased never married as a result of the permanent damage 
and it is fitting that his surviving relatives receive the 
recognition on his behalf that he did not receive while he was 
alive.  

In support of the requests, the applicant provides a personal 
statement, copies of the deceased member’s death certificate, 
WD-GO Form 53, Honorable Discharge; the deceased member’s 
statement of claim of POW status and various other documents 
associated with his requests.  

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

________________________________________________________________

STATEMENT OF FACTS:

The deceased member served in the Army Air Corps and the Air 
Force from 4 Oct 1940 to 20 Aug 1949.  

He was a POW in the Philippines and Japan from 9 Apr 1942 to     
4 Sep 1945.

The PH is awarded to members of the United States Armed Forces 
who have been wounded, killed or who have died or may hereafter 
die of wounds received in action against an enemy of the United 
States or opposing force as a result of an act of any such enemy 
or opposing armed force, an international terrorist attack or 
during military operations while serving as part of a peace 
keeping force.  A wound for which the award is made must have 
required treatment, not merely examination, by a medical 
officer.  Additionally, treatment of the wound shall be 
documented in the service member’s medical record.  Award of the 
PH may be made for wounds treated by a medical professional 
other than a medical officer, provided a medical officer 
includes a statement in the Service member’s medical record that 
the extent of the wounds were such that they would have required 
treatment by a medical officer if one had been available to 
treat them. 

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSID recommends denial of award of the PH.  The Purple 
Heart Review Board has the authority, on behalf of the Secretary 
of the Air Force, to determine a veteran’s eligibility for award 
of the PH based on the policy and criteria in use at the time of 
the veteran’s injury.  On 23 Sep 2013, the Purple Heart Review 
Board disapproved the applicant’s request as the deceased member 
signed a sworn affidavit in 1945 that there were no wounds 
received while a POW.  After a thorough review of the case and 
the disapproval by the Purple Heart Review Board, the deceased 
member’s injuries do not meet the criteria for award of the PH.  
To grant relief would be contrary to the criteria established by 
Department of Defense (DOD) Manual 1348.33, Manual of Military 
Decorations and Awards, Secretary of the Air Force, Chief of 
Staff and the War Department.  

Based on a review of the deceased member’s master personnel 
records, DPSID determined he should have been awarded the Good 
Conduct Medal with two Bronze Loops (GCM w/2 Br Lps) and the POW 
Medal.  Upon the Board’s final decision, DPSID will 
administratively correct the deceased member’s records to 
reflect these awards. 

The complete DPSID evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Under enemy attack on his air base in Alogoma Point on Bataan,    
the deceased member was injured on the front lines while 
participating in combat.  From the long march to the work in the 
copper mine where he fell down a thirty feet shaft, he surely 
shed his blood at the hands of his captors.  The applicant is 
attempting to contact members of the American Defenders of 
Bataan and Corregidor to attest that they would have declared 
that they were not injured or shot in combat in order to go 
home.  The deceased did not come home for months after his 
liberation.  He was fattened up from a weight of 100 pounds to 
150 pounds before his release.  The deceased member’s account, 
written for his family, speaks of this. 

The applicant’s complete response, with attachments, 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 error or injustice.  We took notice 
of the applicant's complete submission in judging the merits of 
the case; to include his responses to the Air Force evaluations; 
however, we agree with the opinion and recommendation of the Air 
Force office of primary responsibility and adopt its rationale 
as the basis for our conclusion that the applicant has not 
sustained his burden of proof that the deceased member’s records 
should be corrected to reflect award of the PH.  We are not 
unmindful or unappreciative of the deceased member’s service to 
his Nation.  Should the applicant secure supporting 
documentation, we would be willing to reconsider his 
application.  Therefore, aside from the administrative 
corrections awarding the POW Medal and the GCM w/2 Br Lps, we 
find no basis to recommend favorable consideration of 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-2013-00650 in Executive Session on 24 Apr 2014, under 
the provisions of AFI 36-2603:

	  , Chair
	  , Member
	  , Member
 
The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 25 Oct 2012, w/atchs.
    Exhibit B.  Deceased Member’s Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSID, dated 12 Nov 2013.  
    Exhibit D.  Letter, SAF/MRBR, dated 6 Dec 2013.
    Exhibit E.  Letter, Applicant, dated 30 Dec 2013.  
    Exhibit F.  Letter, Applicant, dated 31 Dec 2013, w/atchs.  
    



                                     
                                   Chair