PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 13 May 2003
         DOCKET NUMBER: AR2002082206


         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:

Ms. Margaret K. Patterson		Chairperson
Mr. Ted S. Kanamine		Member
Mr. Lawrence Foster		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 correction of his military records to show award of the Purple Heart.

3. The applicant states that he was taken as a prisoner of war by Japanese forces along with 65,000 other Americans when Bataan and Corregidor were ordered to surrender. He contends that he was held captive from 6 May 1942 to 4 May 1943 and was subjected to daily beatings and cruel treatment until his escape from his captors. In support of his application, he submits a letter of support, dated 24 October 2002, from the Department of Texas Chief of Staff, Military Order of the Purple Heart; an excerpt of Executive Order 11016 of April 1962; letters of explanation, dated 13 October 2002 and 15 October 2002; two undated Veterans Affairs records; an affidavit, dated 25 December 1978, from an ex-medical officer of the former Royal Dutch East-Indian Army Medical Corps; a copy of his Honorable Discharge Certificate, dated 31 January 1950; a copy of his Honorable Discharge Certificate, dated 25 July 1946; an excerpt from a document titled "History of the Mindanao Guerrillas"; an article titled "Death Was Part of Our Life" which was published by Life Magazine on 7 February 1944; an undated letter; a letter, dated 2 February 1945, which was sent to the applicant's father; and another soldier's orders for the Purple Heart, dated 7 March 1997.

4. The applicant’s military records show that he enlisted on 17 September 1940.
He served as a draftsman and clerk in Manila from 8 December 1941 to
24 December 1941. He served as a machine gunner in Corregidor from
25 December 1941 until his unit surrendered on 6 May 1942. The applicant was captured and held as a prisoner of war of the Japanese Government in the Philippines Islands from 7 May 1942 through 4 April 1943. He escaped from the Japanese prison camp on 5 April 1943. The applicant's records show that he was honorably discharged in the rank of sergeant on 10 May 1943 to accept a temporary appointment as second lieutenant in the Army of the United States.

5. The applicant was commissioned as a second lieutenant and assigned to the 110th Division of the 10th Military District on 11 May 1943. He served as an infantry unit commander in the Asiatic-Pacific Theater of Operations from 11 May 1943 through 22 July 1945. On 14 November 1946, the applicant was released from active duty in the rank of major.

6. The applicant entered active duty again on 7 December 1948, served as an Executive Officer and was released from active duty on 31 January 1950. He subsequently served in the U.S. Army Reserve.

7. The available records do not contain a WD AGO Form 53-55 (Enlisted Record and Report of Separation) for the period covering 17 September 1940 through
10 May 1943. His records do contain a copy of an Honorable Discharge Certificate, dated 25 July 1946, which shows the applicant was discharged on
10 May 1943 at the Philippine Islands.
8. There is no evidence in the available records that shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action during World War II.

9. There are no service medical records or repatriation physical examination in the available records.

10. In support of his claim for award of the Purple Heart, the applicant provided an affidavit from a medical officer at the time in question. In summary, the doctor depicts the horrors that American and Allied Troops underwent in the Japanese prison camps that included severe beatings, maltreatment on a daily basis, starvation and unsanitary conditions.

11. The applicant provided an article titled, "Death Was Part of Our Life" which was published by Life Magazine on 7 February 1944. This article was written by two of the ten prisoners of war who escaped with the applicant on 5 April 1943.

12. In support of his claim for award of the Purple Heart, the applicant also provided U.S. Total Army Personnel Command orders for the Purple Heart, dated 7 March 1997. These orders show that one of the prisoners of war who escaped with the applicant on 5 April 1943 received the Purple Heart for wounds received while a prisoner of war during the period 6 May 1942 to 4 May 1943.

13. The applicant's WD AGO Form 53-98 (Military Record and Report of Separation) does not show the Combat Infantryman Badge as an authorized award. However, the applicant's WD AGO Form 66WS (Officer's, Warrant Officer's, and Flight Officer's Qualification Record Worksheet) shows he received the Combat Infantryman Badge.

14. The applicant's WD AGO Form 53-98 shows the Bronze Star Medal as an authorized award. His records also contain orders for the Bronze Star Medal for heroic achievement on 27 April 1945.

15. The Board notes that the applicant is eligible for the Prisoner of War Medal which is not shown on his WD AGO Form 53-98.

16. 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.

17. 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.

18. War Department Circular 269-1943 established the Combat Infantryman Badge and the Expert Infantryman Badge to recognize and provide an incentive to infantrymen. The Expert Infantryman Badge was to be awarded for attainment of certain proficiency standards or by satisfactory performance of duty in action against the enemy. The Combat Infantryman Badge was awarded for exemplary conduct in action against the enemy. War Department Circular 186-1944 further provided that the Combat Infantryman Badge was to be awarded only to infantrymen serving with infantry units of brigade, regimental or smaller size. Additionally, World War II holders of the Combat Infantryman Badge received a monthly pay supplement known as combat infantry pay and holders of the Expert Infantryman Badge were entitled to expert infantry pay. Therefore, soldiers had economic as well as intangible reasons to ensure that their records were correct. Thus, pay records are frequently the best available source to verify entitlement to this award. The Awards Branch, Total Army Personnel Command, has advised in similar cases that, during World War II, the Combat Infantryman Badge was normally awarded only to enlisted individuals who served in the following positions:

a. Light machine gunner (604)
b. Heavy machine gunner (605)
c. Platoon sergeant (651)
d. Squad leader (653)
e. Rifleman (745)
f. Automatic rifleman (746)
g. Heavy weapons NCO (812)
h. Gun crewman (864)

19. Army Regulation 600-8-22 also provides, in pertinent part, that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy. The Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947. An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders. This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

20. 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 considered the applicant’s contention that he was subjected to daily beatings and cruel treatment until his escape from his captors.

2. The Board considered the affidavit from a medical officer at the time in question.

3. The Board also reviewed the article titled, "Death Was Part of Our Life" which was published by Life Magazine on 7 February 1944. However, there is no repatriation physical or any evidence of record available to the Board which shows the applicant was injured or wounded while held as a prisoner of war during World War II.

4. This Board noted that the applicant submitted U.S. Total Army Personnel Command orders for the Purple Heart in another case as the basis for a grant relief in his case. However, the Army Board for Correction of Military Records (ABCMR) considers each case individually and on its own merit and renders decisions based on the unique facts and circumstances of each particular case. Therefore, a decision by the U.S. Total Army Personnel Command is not a basis for granting relief in a case currently under consideration by the ABCMR.

5. There is no evidence of record available to the Board which shows the applicant was wounded or treated for wounds as a result of hostile action during World War II.

6. Based on the foregoing, the Board determined that there is insufficient evidence on which to base award of the Purple Heart for injuries sustained while in captivity during World War II.
7. Evidence of record shows the applicant received the Combat Infantryman Badge during World War II. Therefore, his WD AGO Form 53-98 with an effective date of 14 November 1946 should be corrected to show this badge.

8. The applicant received award of the Bronze Star Medal prior to his release from active duty on 14 November 1946. After his discharge from the Army, he became entitled to a second award of the Bronze Star Medal based on his award of the Combat Infantryman Badge during World War II. Therefore, the applicant is entitled to two awards of the Bronze Star Medal and correction of his WD AGO Form 53-98 with an effective date of 14 November 1946 to show award of the Bronze Star Medal with First Oak Leaf Cluster.

9. Evidence of record shows the applicant was a prisoner of war from 7 May 1942 to 5 April 1943. Therefore, the applicant is entitled to award of the Prisoner of War Medal and correction of his WD AGO Form 53-98 with an effective date of 14 November 1946.

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

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Combat Infantryman Badge, the Bronze Star Medal with First Oak Leaf Cluster and the Prisoner of War Medal.

2. That so much of the application as pertains to award of the Purple Heart be denied.

BOARD VOTE:

MKP____ TSK____ LF______ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Margaret K. Patterson
                  CHAIRPERSON

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INDEX

CASE ID	AR2002082206
SUFFIX
RECON
DATE BOARDED	20030513
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.	107.0000
3.
4.
5.
6.