IN THE CASE OF:
BOARD DATE: 18 January 2011
DOCKET NUMBER: AR20100016217
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests his father, a deceased former service member (FSM), be awarded the Purple Heart by reason of his death while a prisoner of war of the Japanese during World War II.
2. The applicant states his father was a prisoner of war and was interned in a camp in Cabanatuan, Philippine Islands. He states the Department of Defense (DOD) announced that prisoners of war who died in captivity were eligible for the Purple Heart.
3. The applicant provides copies of:
* a letter from the General Headquarters, U.S. Army Forces Pacific, dated 30 August 1945
* a letter from the Office of the Commander-in-Chief, General Headquarters, U.S. Army Forces Pacific, dated 2 September 1945,
* an Air Force News Release announcing a change in the criteria for award of the Purple Heart
CONSIDERATION OF EVIDENCE:
1. The FSM's military records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that the FSM's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
2. The FSM entered the Army of the United States on 8 July 1941. He had previously served in the Regular Army from 8 July 1929 to 7 July 1932 and received an honorable discharge.
3. A WD AGO Form 52-1 (Report of Death) reported the FSM died as a result of dysentery on 25 June 1942 in the Cabanatuan Camp, Philippine Islands, while a prisoner of war of the Japanese.
4. A letter to the FSM's wife from the General Headquarters, U.S. Army Forces Pacific, dated 30 August 1945, expressed sympathy for the loss of her husband who died on 25 June 1942 from dysentery at the Cabanatuan Camp while a prisoner of war of the Japanese.
5. A letter to the FSM's wife from the Office of the Commander-in-Chief, General Headquarters, U.S. Army Forces Pacific, dated 2 September 1945, expressed sympathy for the death of her husband while a prisoner of war of the enemy.
6. On 27 November 1988, verification for the award of the Prisoner of War Medal was approved by the National Personnel Records Center, St. Louis, MO for the FSM.
7. The Office of the Under Secretary of Defense issued a memorandum, dated
1 October 2008, to the Secretaries of the Military Departments and the Chairman of the Joint Chiefs of Staff providing guidance authorizing award of the Purple Heart to qualifying prisoners of war who are killed or die while in captivity as prisoners of war. The Department advises that changing the eligibility criteria for the Purple Heart has merit for those prisoners of war, under circumstances establishing eligibility for the Prisoner of War Medal, who die while prisoners of war who are not otherwise eligible for the Purple Heart under the circumstances causing death.
8. DOD Immediate Release Number 845-08, dated 6 October 2008, revised the Purple Heart eligibility criteria to allow for the award to prisoners of war who die in captivity. The revised policy presumes that for service members who die in captivity as a qualifying prisoner of war, their death was the "result of enemy action" unless compelling evidence is presented to the contrary. The revised policy allows retroactive award of the Purple Heart to qualifying prisoners of war since 7 December 1941. Posthumous awards will be made to the deceased service member's representative, as designated by the Secretary of the Military Department concerned, upon application to that Military Department.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his father should be posthumously awarded the Purple Heart because he died while a prisoner of war during World War II.
2. The FSM was approved for the award of the Prisoner of War Medal.
3. The conditions under which the Japanese treated prisoners of war have been well documented throughout history. Facing brutal conditions including disease, torture, and malnourishment, many prisoners died while in captivity. It is clear the intent of the change of Purple Heart eligibility criteria policy was to recognize the sacrifice by these individuals.
4. The FSM died from dysentery while a prisoner of the Japanese. It is reasonable to presume he contracted this condition due to the deplorable conditions under which he was forced to live by the Japanese. It addition, this disease is not considered fatal when proper treatment is received. Because the Japanese failed to provide any medical attention to the prisoners of war, the FSM died. This clearly shows the FSM died in captivity as a result of enemy action.
5. In view of the above, it would be appropriate to posthumously award the Purple Heart to the FSM for his death on 25 June 1942 while a prisoner of war.
BOARD VOTE:
___X____ __X____ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the FSM be corrected by posthumously awarding the Purple Heart to the FSM based on his death on 25 June 1942 while a prisoner of war.
_________X_________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20100016217
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ABCMR Record of Proceedings (cont) AR20100016217
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