RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01927 (DECEASED) COUNSEL: NONE (APPLICANT) HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His late uncle’s records be corrected show that he was posthumously awarded the Bronze Star Medal with Valor (BSM w/V). By amendment, the applicant requests that his late uncle also be issued the Purple Heart (PH) and the Good Conduct Medal (GCM). ________________________________________________________________ APPLICANT CONTENDS THAT: His late uncle is entitled to a BSM w/V per United States Code (USC), Title 32, National Defense, Volume 3, Section 578.16(4). The Air Force erred by not awarding the BSM when other medals were awarded on 22 Feb 12. In support of his request, the applicant provides copies of Title 32, information pertaining to the activities of the 27th Bombardment Group, AFPC/DPSIDRA letter relating to awards, and information extracted from the National Achieves and Records Administration (NARA) database. The applicant's complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The former member’s records were destroyed by fire in 1973, at the National Personnel Record Center. Therefore, the following information has been extracted from the documentation provided by the applicant and the reconstructed military record. According to information extracted from the NARA database, the former member was a member of the Army Air Corps, and served on active duty from 5 Aug 39 through 4 Jul 42, and died on 4 Jul 42 in a Prisoner of War (POW) camp in the Philippine Islands. The BSM is awarded to a person in any branch of the military service who, 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, not involving participation in aerial flight, in connection with military operations against an armed enemy. When awarded for heroism, the BSM is annotated by a bronze “V” device (to designate valor). In accordance with United States Code, Title 32, Section 578.16, dated 1 Jul 07: Upon letter application, award of the BSM may be made to eligible soldiers who participated in the Philippine Islands Campaign, from 7 Dec 41 to 10 May 42. Performance of duty must have been on the Island of Luzon or the Harbor Defenses in Corregidor and Bataan. Only Soldiers who were awarded the Distinguished Unit Citation (redesignated the Presidential Unit Citation (PUC) on 3 Nov 66) may be awarded this decoration. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSID recommends approval for award of the BSM; however, they recommend disapproval of the Valor device. After a thorough review of the applicant’s reconstructed military record DPSID verified the former member served on the Island of Luzon between 7 Dec 41 and 10 May 42, and his unit, the 2nd Observation Squadron, 27th Bombardment Group, was awarded the PUC for its action that period. DPSID recommends disapproval for the award of Valor. Title 32 does not indicate that the BSM medal is being approved for heroism, nor does it indicate that the Valor device is included in the award. The complete DPSID evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: His uncle served as an infantryman for about three months. During this time he and his comrades in arms were bombed and shelled almost daily. They repelled numerous infantry attacks. These men carried on a stout defense despite subsisting on half rations (or less) for months and while suffering malaria and other jungle diseases. To deny a valor commendation to any of these men is an insult. Justice in this case would be for the Air Force to issue his late uncle the PH, GCM, and award and issue the BSM w/V. The applicant's complete response, with attachments, is at Exhibit E. ________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: AFPC/DPSID recommends denial of the applicant’s request for award of the GCM. The applicant previously provided a copy of the Department of the Army Permanent Order 309-13, dated 5 Nov 09, awarding the GCM to his late uncle for his active duty service; therefore, the Air Force cannot also award the GCM as it would constitute dual recognition. The complete DPSID evaluation is at Exhibit F. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant summarizes his attempts over the last four years to get his late uncle his U.S. medals. The Army awarded his uncle the PH and GCM; however, they do not allow a nephew to receive them so the medals were never issued. The AF should issue the PH. The Air Force is not obligated to recognize the improper invalid decisions of the Army. He does not see this as “dual recognition” because the Army never issued any medals. His family should not be penalized because the Army acted improperly. The Air Force should issue the GCM which is likewise being withheld on a technicality. The Air Force should issue the BSM w/V device. It is unjust to deny such to any combat infantryman who fought in the terrible conditions of Bataan. The medals in question belong to his late uncle, not to the government. They became his when he performed his duty and gave his life. Jurisdictional disputes and technicalities are nothing but obfuscations that should be set aside in the interest of justice. The applicant's complete response is at Exhibit H. ________________________________________________________________ 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. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice regarding the applicant’s request to be issued the Purple Heart and Air Force Good Conduct Medal. We note that the Department of the Army sent the applicant a letter dated 17 Nov 09, announcing the approval of the award of the PH and Army GCM. Additionally, the letter advised that the awards could not be issued without either a written signed request or a privacy release statement from the former member’s primary next-of-kin. Therefore, we find no basis to act on this portion of his request. Regarding his request for award of the Valor device, as pointed out by DPSID, Title 32 does not indicate that the BSM was approved for heroism, nor does it indicate that the Valor device was included in the award. Therefore, we agree with the opinion and recommendation of DPSID and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. In view of the above and in the absence of evidence to the contrary, we find no basis to recommend granting this portion of his request. 4. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice to warrant approval of the BSM. After thoroughly reviewing the evidence provided by the applicant and the documentation contained in the reconstructed military record, we believe partial relief is warranted. In this respect, we note that DPSID recommends approval for award of the BSM based on the member meeting the criteria per Title 32, dated 1 Jul 07, for his service in the Philippines from 7 Dec 41 to 10 May 42. Therefore, we agree with the recommendation of DPSID and adopt the rationale expressed as the basis for our decision that the applicant has been the victim of either an error or injustice. In view of the above, we recommend his records be corrected to the extent indicated below. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to FORMER MEMBER, be corrected to show that he was awarded the Bronze Star Medal (BSM). ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-01927 in Executive Session on 19 Nov 13, 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-2011-01927 was considered: Exhibit A. DD Form 149, dated 18 Jan 13, w/atchs. Exhibit B. Reconstructed Master Personnel Records. Exhibit C. Letter, AFPC/DPSID, dated 22 Apr 13. Exhibit D. Letter, SAF/MRBR, dated 9 May 13. Exhibit E. Letter, Applicant, dated 28 May 13, w/atchs. Exhibit F. Letter, AFPC/DPSID, dated 16 Sep 13. Exhibit G. Letter, SAF/MRBC, dated 27 Sep 13. Exhibit H. Letter, Applicant, dated 12 Oct 13.