RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-03890 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His late uncle’s record be corrected to reflect award of the following: a. Bronze Star Medal with One Oak Leaf Cluster (BSM w/1OLC). b. Purple Heart (PH) w/3OLCs. c. Prisoner of War Medal (POW). d. Combat Infantryman Badge (CIB). e. Distinguished Unit Citations (DUC) w/2OLCs (formerly known as the Presidential Unit Citation)[sic]. f. Philippine Republic Presidential Unit Citation (PRPUC). g. Asiatic Pacific Campaign Medal (APCM). h. American Defense Ribbon [sic]. i. Good Conduct Medal (GCM). j. World War II Victory Medal (WWIIVM). k. Gold Star Lapel Pin [sic]. _________________________________________________________________ APPLICANT CONTENDS THAT: His late uncle earned the medals as a result of his service in the 3rd Pursuit Squadron (3rd PS), 24th Pursuit Group (24th PG), from 8 Dec 41, on the Iba Field through the Battle of Bataan and Corregidor. This group was commandeered to be an infantry group on 25 Dec 41 on Bataan (17th Provisional Infantry) after the Japanese destroyed the fighting capabilities of the air forces and earned three DUCs during the period of 7 Dec 41 through 10 May 92. According to Secretary of the Military Departments Chairman of the Joint Chiefs of Staff memorandum dated 1 Oct 08, his late uncle is entitled to the PH. Documents reveal the 24th PG ground personnel were absorbed by infantry units on I Corps line during the Battle of the Points. They fought alongside members of units such as the Philippine Constabulary which were recognized with the BSM and the Combat Infantryman Badge. For outstanding performance, members assigned to the 24th PG were awarded three DUCs during the periods 7 Dec 41 to 10 May 42, 8- 22 Dec 41, and 6 Jan – 8 Mar 42. For outstanding performance members assigned to the 24th PG were awarded the PRPUC during the period 7 Dec 41 to 10 May 42. According to the War Department (WD) Circular 269, dated 27 Oct 43 and WD Circular 105, dated 13 Mar 44, members of the 24th PG qualified for the CIB. Members of the United States Army (USA) were not required to possess the Military Occupational Specialty (MOS) of an infantryman or be assigned to an infantry unit. The determination that the award of the CIB would be confined to personnel whose basic branch was infantry and who, during active ground combat, were assigned to the Table of Organization Infantry (TOI) units was effective 11 Oct 44, when WD Circular 408 was approved. Furthermore, the requirement for the MOS was not required until the 1960s. The WWWII POW data file confirms his late uncle was assigned to the 24th PG. In support of his request, the applicant provides personal statements, copies of information extracted from the National Archives and Records Administration (NARA) database, a newspaper article, photo, maps, Wikipedia extracts and various other documents associated with his request. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The former member’s master personnel records were apparently located in the area most heavily damaged in the fire at the National Personnel Records Center (NPRC) in 1973. Therefore, the following information has been extracted from the documents submitted by the applicant and through available documentation from the NARA. According to information extracted from the NARA database and the applicant, the former member was a member of the Army Air Corps and served on active duty from 25 Aug 39 through 26 Feb 43, and participated in the Southern Philippines and Battle of Bataan and Corregidor in the Asiatic-Pacific Theatre, while assigned to the 3rd PS, 24th PG, V Interceptor Command. According to the applicant, the former member was captured on 7 May 42 and held a POW. According to WD AGO Form 52-1, War Department Report of Death dated 17 Sep 45; the member, served in the grade of sergeant and died from diarrhea on 26 Feb 43, while being held as a POW. The CIB was established by the War Department on 27 Oct 43 and was retroactively awarded by the Army to those who participated in active ground combat while assigned as a member of an infantry or Special Forces unit, brigade of smaller size, during any periods subsequent to 6 Dec 41. Subsequent awards of the CIB are not authorized for the same qualifying period. War Department Circular 105, dated 13 Mar 44, amended the CIB requirements by authorizing retroactive award of Expert and CIB to any infantryman, who, on or after 6 Dec 41, has established eligibility and been recommended for such award. 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, whose distinguishes, or has distinguished, himself or herself by heroic (valorous), or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy. The award recognizes acts of heroism performed in ground combat if they are of lesser degree than that required for the Silver Star. It also recognizes single acts of merit and meritorious service if the achievement or service is of a lesser degree than that deemed worthy of the Legion of Merit, but such service must have been accomplished with distinction. In accordance with Army Regulation 600-8-22, paragraph 3-24 (2), dated 11 Dec 06, award of the BSM may be made to each member of the Armed Forces of the United States who, after 6 Dec 41, has been cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy between 7 Dec 41 and 2 Sep 45, inclusive, or whose meritorious achievement has been otherwise confirmed by documents executed prior to 1 Jul 47. For this purpose, an award for the CIB is considered a citation and orders. In relation to requests for the BSM associated with award of the CIB, applicants should send their letter application to Commander, U.S. Army Human Resources Command, AHRC-CC-B, 1 Reserve Way, St. Louis, MO 63132-5200. The letter of application should include documentary evidence, if possible. The PUC, formerly known as the DUC is awarded to units of the United States Armed Forces and cobelligerent nations, for extraordinary heroism in action against an armed enemy on or after 7 Dec 41. The PRPUC is awarded to members of the Armed Forces of the United States for service culminating in the liberation of the Philippine Islands during the Second World War. The conditions were the same as would be required for award of the PUC of the United States. The APCM is awarded for service outside the continental United States in the Asiatic-Pacific Theater for at least 30 days between 7 Dec 41 and 2 Mar 46. The Gold Star Lapel Button shall be distributed to the widow, widower, each parent, child, brother, and sister of a member of the United States Armed Forces who meets any of the following criteria: lost his or her life during WWI, WWII, or any subsequent period or armed hostilities in which the United States was engaged before 1 Jul 58 or who lost his or her life after 30 Jun 58 while engaged in an action against an enemy of the United States or while engaged in military operations involving conflict with an opposing foreign force or while serving with friendly forces engaged in an armed conflict in which the United States is not a belligerent party against an opposing armed force any time since 30 Jun 58. According to Air Force Pamphlet 900-2, Unit Decorations, Awards, and Campaign Participation Credits, dated 15 Jun 71, the former member’s squadron of assignment, i.e., 3rd PS, is entitled to three DUCs for the periods 7 Dec 41 – 10 May 42, 8 -22 Dec 41, and 6 Jan 42 – 8 Mar 42 and his former group of assignment, i.e., 24th PG, V Interceptor Command, is entitled to the PRPUC for the periods 7 Dec 41 – 10 May 42 and 17 Oct 44 – 4 Jul 45. On 13 Dec 11, the applicant’s case was closed by SAF/MRBR until such time as the applicant provided a certified document validating that he was the next of kin of the former member. On 24 Apr 13, the requested documentation was received and the case was reopened. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSID recommends denial of the applicant’s request for award of the BSM w/1OLC, PH w/3OLCs, CIB, PUC w/2OLCs, PRPUC, APCM and Gold Star Lapel Ribbon On 5 Dec 13, the PH Review Board reviewed and approved the applicant’s request that his uncle be awarded the PH. Once they receive the signed PH certificate, they will contact the next of kin for presentation. DPSID states that based on the limited documentation, they were unable to verify the member served with a unit that was awarded the PUC or the PRPUC w/2OLCs [sic]. In addition, they were unable to locate any official documentation verifying the member was recommended for and awarded the BSM. A recommendation, proposed citation, and eyewitness accounts were not provided by the applicant for award of the BSM w/1OLC to be reasonably considered. The request for the Gold Star Lapel Button was submitted by the service member’s nephew; therefore, in accordance with the criteria established for award of the Gold Star Lapel Button the nephew does not meet criteria. DPSID was unable to verify the member served in the Asiatic Pacific Theater for at least 30 days during the award inclusive period. AFPC/DPSID, verified the member’s entitlement to PH, POW, GCM, WWIIVM, and the ADSM, and will administratively correct his records to reflect these awards. The complete DPSID evaluation is at Exhibit C. _________________________________________________________________ APPLICANT’S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 24 Jan 14, for review and comment within 30 days (Exhibit D). As of this date, this office has not received a response. _________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has not exhausted all remedies provided by existing law or regulations in regards to his request to correct his late uncle’s records to reflect an additional BSM and the CIB. Based on the documentation submitted by the applicant in support of this appeal, these requests should be sent to Commander, U.S. Army Human Resources Command, AHRC-CC-B, 1 Reserve Way, St. Louis, MO 63132-5200. 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 error or injustice to warrant award of the Gold Star Lapel Button. We took notice of the applicant’s complete submission in judging the merits of this case; however, we agree with the opinion and recommendation of the Air Force Office of Primary Responsibility and adopt the rationale expressed as the basis for our conclusion that the member has not been the victim of an error or injustice. While the applicant requests his late uncle’s record be corrected to reflect the PH w/3OLCs; the evidence only supports award of the basic PH. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting this portion of the applicant’s request 4. Notwithstanding the above, sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice to warrant correcting the former member’s records to reflect entitlement to the DUCs w/2OLCs, PRPUC, BSM, and the APCM with One Bronze Star (APCM w/1BS). 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 the former member was assigned to the 3rd Pursuit Squadron, 24th Pursuit Group, V Interceptor Command, and captured by the Imperial Japanese Army on 7 May 42 during the fall of the Philippine Islands and held as a POW until his death on 26 Feb 43. According to Air Force Pamphlet 900-2, dated 15 Jun 71, the 3rd Pursuit Squadron was awarded three DUCs for the periods 7 Dec 41 – 10 May 42, 8 - 22 Dec 41, and 6 Jan 42 – 8 Mar 42 and the 24th Pursuit Group was awarded the PRPUC for the period 7 Dec 41 – 10 May 42. Although currently organizations subordinate to a higher wing or group are not bestowed unit awards unless the subordinate units are also identified as recipients, this was not the case during the period in question. Moreover, we recognize that during the fall of the Philippine Islands members of ground personnel assigned to the 24th Pursuit Group were absorbed by various infantry units and heroically fought in defense of the islands until their death or capture. While we have no documentary evidence that confirms, with any certainty, what period the former member was assigned to the 3rd Pursuit Squadron, 24th Pursuit Group, V Interceptor Command, in view of the fact that he was captured on 7 May 42, it is clear that he was assigned during the periods for which the unit citations were awarded. Regarding the request for award of the BSM, we note that in accordance with AR 600-8-22, Military Awards, the former member is entitled to award of the BSM for his assignment to a unit awarded the DUC for service in the Philippines from 7 Dec 41 – 10 May 42. We note DPSID was unable to verify the former member served in the Asiatic Pacific Theater 30 days during the award inclusive period. However, the official documentation provided by NARA clearly shows the unit of assignment for the applicant was the 3rd Pursuit Squadron until his death in captivity on 26 Feb 43. In this particular area, NARA is the final authority for all personnel records unless the Air Force can produce documentation that conflicts with their expertise. The Air Force has not produced such documentation. Therefore, we believe that the authority of NARA should not be questioned. In view of this, we find the evidence in this case sufficient to recommend the member be awarded the DUC w/2OLCS, PRPUC, BSM and the APCM w/1BS. We note the member’s records will be administratively corrected to reflect award of the PH, Prisoner of War (POW), Good Conduct Medal (GCM), World War II Victory Medal (WWIIVM) and the American Defense Service Medal (ADSM). Accordingly, we recommend the member’s 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 the FORMER MEMBER, be corrected to show that he was awarded the Distinguished Unit Citation with two Oak Leaf Clusters (DUC w/2OLCs), the Philippine Republic Presidential Unit Citation (PRPUC), the Asiatic Pacific Campaign Medal with One Bronze Star (APCM w/1BS) and the Bronze Star Medal (BSM). _________________________________________________________________ The following members of the Board considered Docket Number BC-2011-03890 in Executive Session on 25 Mar 14, under the provisions of AFI 36-2603: All members voted to correct the records as indicated. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 3 Oct 11, w/atchs. Exhibit B. Applicant's Available Personnel Records. Exhibit C. Letter, AFPC/DPSID, dated 2 Jan 14. Exhibit D. Letter, SAF/MRBR, dated 24 Jan 14. Panel Chair