RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2007-01456
		INDEX CODE:  107.00
		
		COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His DD Form 214s, Armed Forces of the United States Report of Transfer or Discharge, be corrected to include the Prisoner of War (POW) Medal, the Purple Heart (PH) Medal, the Bronze Star Medal (BSM), and all awards and decorations he earned during his active military service.

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APPLICANT CONTENDS THAT:

He is entitled to the BSM for his actions defending Bataan at the beginning of World War II.

In support of his request, applicant provided copies of his DD Form 214s, WD AGO Form 53s, Enlisted Record and Report of Separation- Honorable Discharge, a retirement order, AF Form 7, Airman Military Record, and excerpts from his USAF Physical Evaluation Board.

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

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STATEMENT OF FACTS:

Applicant served on active duty during the period 2 Oct 40 to    6 Oct 69.  

Records indicate that while serving as a Medical Technician in the Philippines he was injured in action against an enemy of the United States and taken Prisoner of War during the Bataan Death March from 9 Apr 42 to 20 Aug 45.

The USAF Physical Evaluation Board Summary Statement, dated     20 Aug 69, indicated the Formal USAF Physical Evaluation Board reviewed the record of proceedings of applicant’s Medical Board held on 29 Jul 69, and determined that the myositis and arthritis, and the neuritis of the legs were a direct result of his injury and diseases he endured during combat with the enemy and subsequent treatment as a prisoner of war.  Therefore, his disabilities are considered a direct result of armed conflict and caused by an instrumentality of war.

On 7 Oct 69, he was retired with a compensable disability rating of 70 percent.

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AIR FORCE EVALUATION:

HQ AFPC/DPPPR reviewed the application and recommends the following based upon a review of his records:

    1.  As for the recommendation for the Purple Heart (PH).  On 9 Aug 07, the applicant’s request for the PH was reviewed by the Purple Heart Review Board (PHRB) and approved.  Additionally, the applicant’s request for the Prisoner of War (POW) Medal was verified and approved.  The applicant’s Report of Separation will be updated to reflect award of the PH and the POW medal.

    2.  As for award of the Bronze Star Medal (BSM), they were unable to locate a Special Order or any official recommendation from Higher Headquarters awarding the applicant the basic BSM for his service in Bataan.  Therefore, they recommend applicant’s request for the BSM be denied, and that the applicant utilize the 1996 National Defense Authorization Act (NDAA) rules for decoration consideration.

         a.  To be awarded the BSM, a member while serving in any capacity with the Armed Forces of the United States on or after  7 Dec 41, shall have distinguished himself by heroic or meritorious achievement or service.  There is no conclusive evidence the applicant was approved or recommended for the BSM for his actions at Bataan (i.e., special order, decoration certificate, War Department General Order (WDGO), etc.).

         b.  The applicant must utilize current administrative procedures to be submitted for a recommendation for a military decoration.  The timeline for submitting decorations is two years from the date of the act or achievement.  However, under the Fiscal Year 1996 NDAA, Section 526, which was enacted into law on 10 Feb 96, this time line, has now been waived.

The DPPPR complete evaluation, with attachments is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 12 Oct 07, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days.  To date, a response has not been received.

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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.  Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  We note the applicant has been administratively awarded the PH and the POW medals; therefore, the only issue remaining for this Board’s consideration pertains to the BSM.  The applicant’s records did not contain a recommendation for the BSM.  Nonetheless, the BSM is awarded for heroic and meritorious achievement or service in connection with military operations against an armed enemy.  His records reflect he served during the Bataan Death March in 1942, and he was held as a POW.  We believe the interest of justice can best be served by awarding him the BSM for his heroic and meritorious service against an armed enemy, while defending Bataan at the beginning of World War II.  Therefore, we conclude that his records should be corrected to reflect award of the BSM.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that he was awarded the Bronze Star Medal for distinguished meritorious service while engaged in action against an enemy of the United States while serving in the Asiatic-Pacific Theater from         7 December 1941 to 8 April 1942.  

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The following members of the Board considered AFBCMR Docket Number BC-2007-01456 in Executive Session on 29 November 2007, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence pertaining to Docket Number       BC-2007-01456 was considered:

     Exhibit A.  DD Form 149, dated 27 Apr 07.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPPR, dated 10 Oct 07, w/atchs.
     Exhibit D.  Letter, SAF/MRBR, dated 12 Oct 07.