PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 14 January 2003
         DOCKET NUMBER: AR2002072201


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Mr. Hubert S. Shaw, Jr.		Analyst

The following members, a quorum, were present:

Ms. Margaret K. Patterson		Chairperson
Ms. Jennifer L. Prater		Member
Ms. Mae M. Bullock		Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

---

2. The applicant requests posthumous award of the Purple Heart to his brother, a deceased former service member (FSM).

3. The applicant states that his brother served as a member of the 35th Field Artillery and was killed in action as a prisoner of war on or about 12 January 1945. The applicant supported his request with submission of a letter of explanation, dated 8 April 2002, and a copy of the Fourteenth Census proving next of kin status; a copy of a 14 October 1945 letter from the Commanding General of United States Army, Pacific, to the FSM's father; a copy of a 17 September 1946 letter to the applicant's wife announcing posthumous award of the Bronze Star Medal to the FSM; a copy of an 11 June 1948 letter from the Adjutant General of the Army to the applicant's father; a copy of newspaper article, and a historical summary regarding the FSM's actions during his prisoner of war status.

4. The FSM's military records were lost or destroyed in the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources and show that the FSM entered active duty on 1 February 1941.

5. A WD AGO Form 52-1 (Report of Death), dated 6 September 1945, shows that the FSM died of acute colitis effective 12 January 1945 while a prisoner of war of the Japanese.

6. A WD AGO Form 52-1, dated 21 June 1948, was issued by the War Department to correct the WD AGO Form 52-1, dated 6 September 1945. Specifically the WD AGO Form 52-1, dated 21 June 1948 announced the FSM's cause of death as "Wounds rec'd in action"; the date of death as "27 Jan 45" and the type of casualty as "Battle." This document also shows that the FSM was in a "beleaguered status" from 8 December 1941 through 6 May 1942 and missing in action from 7 May 1942 until 6 December 1942 until it was determined that the FSM was in a prisoner of war status. Records show that the FSM died in the Southwest Pacific Theater of Operations.

7. An AGRAC Form, 1-380 (Identification Section Memorial Division-Identification Data) shows that the FSM was a member of the 31st Field Artillery.

8. The newspaper article and the undated letter of explanation provided by the applicant attest essentially to the facts that the FSM departed for service in the Philippines in October 1941 and served there until the fall of Corregidor in May 1942. The newspaper article also states that the FSM participated in the battles at Bataan and Corregidor.

9. There is no documentation in the records available to the Board that shows the awards and decorations to which the FSM is entitled.
10. The 17 September 1946 letter from the Acting Adjutant General of the Army attests that the FSM received a posthumous award of the Bronze Star Medal for meritorious service for the period 9 January to 12 January 1945.

11. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

12. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Asiatic-Pacific Campaign Medal. It is awarded for service in the Asiatic-Pacific Theater of Operations between 7 December 1941 and 2 March 1946. Qualifying service for this award includes permanent assignment in the theater, service in a passenger or a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and awarded a combat decoration or furnished a certificate by the commanding general of a corps or higher unit showing actual participation in combat.

13. Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal. Appendix B of this regulation shows that a bronze service star was authorized for wear on the Asiatic-Pacific Campaign Medal for the Philippine Campaign which began on 7 December 1941 and ended on 10 May 1942.

14. Army Regulation 600-8-22 provides, in pertinent part, that the Philippine Defense Ribbon was awarded for service in the defense of the Philippines from 8 December 1941 to 15 June 1942. This ribbon was awarded for participation in any engagement against the enemy in Philippine territory, waters or air space. A service member will be considered as having participated in an engagement if he was a member of the garrison in defense of the Bataan Peninsula or fortified islands at the entrance to Manilla Bay; was present as a member of a unit under enemy fire or air attack; served on a ship under enemy fire or attack, was a crew member or passenger in an airplane under enemy fire or attack; and was assigned in Philippine territory or waters for not less than 30 days. The regulation also authorized wear of a bronze service star on the Philippine Defense Ribbon for personnel who both participated in any engagement against the enemy in Philippine territory and were assigned for not less than 30 days in Philippine territory or waters for not less than 30 days.

15. Army Regulation 600-8-22 provides, in pertinent part, for award of the World War II Victory Medal. It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.
16. Army Regulation 600-8-22 provides, in pertinent part, that the Philippine Republic Presidential Unit Citation was awarded to certain units of the Armed Forces of the United States in recognition of participation in the war against the Japanese Empire during the periods 7 December 1941 and 10 May 1942, inclusive, and 17 October 1944 to 4 July 1945, inclusive. Not more than one Philippine Republic Presidential Unit Citation will be worn by an individual and no oak leaf cluster or other appurtenance is authorized. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) indicates that the 31st Field Artillery Battalion was awarded the Philippine Republic Presidential Unit Citation by Department of the Army General Order Number
47-50.

17. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows that the 35th Field Artillery Battalion was assigned to the European-African-Middle Eastern Theater of Operations throughout World War II.

18. Army Regulation 600-8-22 provides, in pertinent part, for award of the POW Medal. The regulation states that the POW Medal was authorized on 8 November 1985 and is awarded to individuals who in past armed conflicts were taken prisoner or held captive.

CONCLUSIONS:

1. The Board noted that the application indicated the FSM was a member of the 35th Field Artillery Battalion in the Philippines. However, War Department records show that the FSM served in the Asiatic-Pacific Theater as a member of the 31st Field Artillery Battalion. Military records also show that the 35th Field Artillery Battalion operated in the European-African-Middle Eastern Theater during World War II. Therefore, the Board concluded the applicant served in the Philippines as a member of the 31st Field Artillery Battalion prior to his capture.

2. Evidence of record shows that the FSM was posthumously awarded the Bronze Star Medal for meritorious service from 9 January 1945 to 12 January 1945.

3. Evidence of record shows that the applicant was a "Battle Casualty" from wounds received in action on or about 27 January 1945. Therefore, he is entitled to a posthumous award of the Purple Heart.

4. Based on the FSM's service in the Asiatic-Pacific Theater, he is entitled to award of the Asiatic-Pacific Campaign Medal with one bronze service star.

5. Based on the FSM's service in the Philippines from December 1941 to May 1942 and participation in the defense of the Bataan and Corregidor, he is entitled to award of the Philippine Defense Ribbon with one bronze service star.

6. Based on the FSM's service during World War II, he is entitled to award of the World War II Victory Medal.

7. Based on the FSM's service in the 31st Field Artillery Battalion during the period December 1941 to May 1942, he is entitled to award of the Philippine Republic Presidential Unit Citation.

8. Records show the FSM was a prisoner of war of the Japanese during World War II; therefore, he is entitled to award of the Prisoner of War Medal.

9. In view of the foregoing, appropriate records should be prepared to show the awards and decorations to which the FSM was entitled as recommended below.

RECOMMENDATION:

1. That the Department of the Army publish an appropriate document showing that the FSM was posthumously awarded the Bronze Star Medal for service, the Purple Heart for wounds sustained on or about 27 January 1945, the Asiatic-Pacific Campaign Medal with one bronze service star, the Philippine Defense Ribbon with one bronze service star, the World War II Victory Medal, the Philippine Republic Presidential Unit Citation, and the Prisoner of War Medal.

2. That a copy of the document announcing the awards and decorations to which the FSM is entitled and a set of the medals and ribbons to which the FSM is entitled be forwarded to the applicant.

BOARD VOTE:

__MMB__ __JLP___ __MKP__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Ms. Margaret K. Patterson__
                  CHAIRPERSON

---

INDEX

CASE ID	AR2002072201
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20030114
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT PLUS
REVIEW AUTHORITY	MR SCHNEIDER
ISSUES 1.	107.0000.0000
2.
3.
4.
5.
6.