PROCEEDINGS


         IN THE CASE OF:
        


BOARD DATE: 5 June 2003
         DOCKET NUMBER: AR2002079107


         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
Ms. Wanda L. Waller		Analyst

The following members, a quorum, were present:

Mr. Arthur A. Omartian		Chairperson
Mr. Thomas B. Redfern		Member
Ms. Karen A. Heinz		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.

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2. The applicant requests, as the brother of a deceased former service member (FSM), that his late brother's military records be corrected to show award of the Philippine Defense Medal in lieu of the Philippine Liberation Medal. He also requests that his late brother be awarded the Purple Heart due to his death at the hands of the enemy.

3. The applicant states, in effect, that his brother served in the defense of the Philippines during the period December 1941 to June 1942. He was captured in Japan and held as a prisoner of war until he died on 6 February 1945 in the hands of a cruel enemy. He contends that although the FSM's death is listed as natural causes, the inhumane treatment no doubt led to his death. In support of his application, he submits a letter, dated 19 August 2002, from the National Personnel Records Center; a DA Form 1577 (Authorization for Issuance of Awards), dated 24 March 2000; a letter, dated 7 May 1943, from The Adjutant General's Office; a Western Union Telegram, dated 3 November 1945; a letter, dated 6 November 1945, from The Adjutant General's Office; a letter, dated
24 November 1945, from the United States Army Forces Western Pacific; a letter, dated 30 November 1945, from the United States Army Forces Pacific; and a letter, dated 24 September 1947, from The Adjutant General's Office.

4. The FSM’s military records were destroyed or lost during the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources and show that the FSM served with the 200th Coastal Artillery (Antiaircraft) in the Philippines during World War II.

5. A DA Form 1577 (Authorization for Issuance of Awards), dated 24 March 2000, shows the National Personnel Records Center at St. Louis, Missouri, determined that the FSM was eligible for the Prisoner of War Medal, the Good Conduct Medal, the Asiatic-Pacific Campaign Medal, the World War II Victory Medal, and the Philippine Liberation Ribbon.

6. The applicant provided letters from The Adjutant General's Office which show the FSM was reported as missing in action in the Philippine Islands on 7 May 1942 and subsequently reported a prisoner of war of the Japanese Government.

7. A Western Union Telegram, dated 3 November 1945, reports that the FSM died on 6 February 1945 while a prisoner of war of the Japanese Government as a result of lobar pneumonia.

8. The applicant provided a letter, dated 24 September 1947, from The Adjutant General of the Army. This letter states, in pertinent part, that "A message has recently been received from the Commander-in-Chief of the Far East Command which states that a case is now being prepared for trial in connection with evidence indicating that Corporal [the FSM's last name] and several other prisoners of war died as the result of general mistreatment while imprisoned in Japan."

9. There is no evidence in the available records which shows the FSM was wounded or injured as a result of hostile action while held as a prisoner of war.

10. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, shows, among other information, unit awards and citations authorized for units which served during World War II. This document shows the unit to which the FSM was assigned, the 200th Coastal Artillery (Antiaircraft) received the Distinguished Unit Citation for actions during the period 7 December 1941 to 10 May 1942 based on War Department General Order 22-42.

11. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, also shows the FSM's unit received the Philippine Presidential Unit Citation for actions during the period
7 December 1941 to 10 May 1942 by Department of the Army General Orders 47-50.

12. The records available to the Board do not show any indiscipline or misconduct during the FSM's military service or during the period he was held as a prisoner of war.

13. Paragraph 9-14 of Army Regulation 600-8-22 provides that the Philippine Defense Ribbon is awarded for service in the defense of the Philippines from
8 December 1941 to 15 June 1942, under either of the following conditions:
(a) participation in any engagement against the enemy in Philippine territory, in Philippine waters, or in the air over the Philippines or over Philippine waters. An individual will be considered as having participated in an engagement if they meet one of the following: (1) was a member of the defense garrison of the Bataan Peninsula or of the fortified islands at the entrance to Manila Bay;
(2) was a member of and present with a unit actually under enemy fire or air attack; (3) served on a ship which was under enemy fire or air attack; or (4) was a crewmember or passenger in an airplane which was under enemy aerial or ground fire; (b) assigned or stationed in Philippine territory or in Philippine waters for not less than 30 days during the period; or (c) individuals who meet conditions set forth in 1 and 2 above are authorized to wear a bronze service star on the ribbon.

14. Paragraph 9-15 of Army Regulation 600-8-22 provides that the Philippine Liberation Ribbon is awarded for service in the liberation of the Philippines from 17 October 1944 to 3 September 1945, under any of the following conditions:
(1) participated in the initial landing operations on Leyte or adjoining islands from 17 October 1944 to 20 October 1944. An individual will be considered as having participated in such operations if he landed on Leyte or adjoining islands, was on a ship in Philippine waters, or was a crewmember of an airplane which flew over Philippine territory during the period; (2) participated in any engagement against the enemy during the campaign on Leyte and adjoining islands. An individual will be considered as having participated in combat if he meets any of the conditions set forth in paragraph 9-14a(2) through (4); (3) participated in any engagement against the enemy on islands other than those included in (2) above. An individual will be considered as having participated in combat if he or she meets any of the conditions set forth in paragraph 9-14a(2) through (4); or (4) served in the Philippine Islands or on ships in Philippine waters for not less than 30 days during the period. An individual who meets more than one of the conditions set forth in a above is authorized to wear a bronze service star on the ribbon for each additional condition under which he or she qualified other than that under which he or she is eligible for the initial award of the ribbon.

15. 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.

16. During World War II and the Korean War the Purple Heart was not awarded to soldiers who had been injured while in captivity or while being taken captive. These injuries were considered to be the result of war crimes and not the result of a legal action of war. War Department policy, at that time, required that wounds must have been received in action against the enemy or, in other words, incurred in actual combat. Executive Order 11016, dated 25 April 1962, provided more latitude with respect to award of the Purple Heart to prisoners of war, as well as the authority to award the decoration to wounded soldiers even in the absence of a formal declaration of war. The issue as to whether this change in policy would be implemented retroactively to prisoners of war from World War I, World War II, and the Korean War was considered several times. Initially it was decided that the change in policy would not be retroactively implemented. It was concluded that it would be inappropriate for the Department of Defense to retroactively change the standards and, in effect, countermand the decisions of the past leadership. However, as part of the National Defense Authorization Act (NDAA) of 1996, Congress authorized award of the Purple Heart to any former prisoner of war who was wounded before 25 April 1962 while held as a prisoner of war, or while being taken captive, in the same manner as a former prisoner of war who was wounded on or after that date.

17. Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. Paragraph 3-13d(3) specifically provides for award of the Bronze Star Medal to soldiers who participated in the Philippine Islands Campaign between
7 December 1941 and 10 May 1942. Requirements for award of the Bronze Star Medal under this provision of regulation are performance of duty on the island of Luzon or the Harbor Defenses in Corregidor and Bataan and award of the Distinguished Unit Citation.

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

19. 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.

20. 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.

21. Army Regulation 600-8-22 (Military Awards) provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. The regulation states that, after 27 August 1940, three years of qualifying service was required for award of the Good Conduct Medal, but during the World War II era, the first award could be made based on one year of qualifying service provided that service occurred between 7 December 1941 to 2 March 1946. The current standard for award of the Good Conduct Medal is 3 years of qualifying service, but as little as one year is required for the first award in those cases when the period of service ends with the termination of Federal military service.

CONCLUSIONS:

1. A DA Form 1577 (Authorization for Issuance of Awards), dated 24 March 2000, shows the National Personnel Records Center in St. Louis, Missouri, determined that the FSM was eligible for the Philippine Liberation Ribbon.

2. The Board considered the applicant's request that the FSM be awarded the Philippine Defense Medal in lieu of the Philippine Liberation Medal.

3. Evidence of record shows the FSM was reported as missing in action in the Philippine Islands on 7 May 1942, subsequently reported a prisoner of war of the Japanese Government and died in captivity on 6 February 1945.

4. There is no evidence that the FSM served in the liberation of the Philippines from 17 October 1944 to 3 September 1945. Therefore, the FSM is not eligible for award of the Philippine Liberation Ribbon.

5. Based on the foregoing, the FSM is entitled to award of the Philippine Defense Medal with one bronze service star.

6. The Board considered the applicant's request that his late brother be awarded the Purple Heart due to his death at the hands of the enemy.

7. Evidence of record shows the FSM died on 6 February 1945 while a prisoner of war of the Japanese Government as a result of lobar pneumonia.

8. Evidence of record also shows that the FSM may have died as the result of general mistreatment while imprisoned in Japan.

9. There is no evidence of record available to the Board which shows the FSM was wounded or injured as the result of hostile action while held as a prisoner of war. Based on the foregoing, the Board determined that there is insufficient evidence on which to base award of the Purple Heart.

10. Evidence of record shows that the unit to which the FSM was assigned participated in the Philippine Islands Campaign as part of the defense of Luzon or the Harbor Defenses in Corregidor and Bataan between 7 December 1941 and 10 May 1942. Records show that this unit was also awarded the Distinguished Unit Citation for actions in the Philippines during the period
7 December 1941 through 10 May 1942. As a result, the FSM is entitled to award of the Distinguished Unit Citation and the Bronze Star Medal.

11. Department of the Army General Orders show the unit to which the FSM was assigned was awarded the Philippine Presidential Unit Citation. Therefore, the FSM is entitled to award of the Philippine Presidential Unit Citation.

12. Evidence of record shows the FSM was a prisoner of war. Therefore, the FSM is entitled to award of the Prisoner of War Medal.

13. Based on the FSM's service in the Asiatic Pacific Theater of Operations, he is entitled to award of the Asiatic Pacific Campaign Medal and the World War II Victory Medal.


14. The Board determined that the FSM is entitled to award of the Good Conduct Medal based on his service during the three-year period from
6 February 1942 to 6 February 1945.

15. In view of the foregoing findings and conclusions, it would be appropriate to correct the FSM’s records, only as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be amended to show that the FSM was posthumously awarded the Philippine Defense Medal with one bronze service star, the Distinguished Unit Citation, the Bronze Star Medal, Philippine Presidential Unit Citation, the Prisoner of War Medal, the Asiatic Pacific Campaign Medal, the World War II Victory Medal and the Good Conduct Medal.

2. That an official certificate be prepared to show the FSM was posthumously awarded the Philippine Defense Medal with one bronze service star, the Distinguished Unit Citation, the Bronze Star Medal, Philippine Presidential Unit Citation, the Prisoner of War Medal, the Asiatic Pacific Campaign Medal, the World War II Victory Medal and the Good Conduct Medal.

BOARD VOTE:

aao____ tbr_____ kah_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Arthur A. Omartian
                  CHAIRPERSON

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INDEX

CASE ID	AR2002079107
SUFFIX
RECON
DATE BOARDED	20030424
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0082
2.	107.0015
3.	107.0000
4.
5.
6.