RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           2 December 2003                   
	DOCKET NUMBER:   AR2003088683

	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	
	Mr. Paul Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Patrick H. McGann, Jr.		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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests on behalf of his deceased brother, hereinafter referred to as the former service member (FSM), award of the Prisoner of War (POW) Medal, the Philippine Campaign Medal, the Asiatic-Pacific Campaign Medal, the Good Conduct Medal, the World War II Victory Medal, and any other awards the Board feels are correct.

2.  The applicant states that the FSM was assigned duty in the Philippine Islands in November 1941.  He was taken prisoner by the Japanese on 10 May 1942, and was killed aboard the "Hell Ship" Arisan Maru on 24 October 1944.  He further states his brother was a member of Company B, 192nd Tank Battalion.  He adds that he has already received his brother's Purple Heart and Bronze Star Medal (BSM).

3.  The applicant provides:  a 2-page letter to the Army Review Boards Agency, 1 April 2003, relating the information in paragraph 2 above and seeking the subject awards; a 27 March 2003 letter from the National Personnel Records Center (NPRC) denying his request for medals based on insufficient records; a copy of the FSM's BSM Certificate and orders awarding him the BSM; a copy of a 7 October 2002 letter from the Chief, Military Awards Branch, US Total Army Personnel Command (PERSCOM) verifying the FSM's entitlement to the BSM; and a copy of NA Form 13038, Certification of Military Service, showing the FSM served from 21 March 1939 to 24 October 1944, the date of his death.

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 and from an Internet site for his high school (www.proviso.k12.il.us) for the Board to conduct a fair and impartial review of this case. 

2.  The FSM was born on 13 April 1917 and enlisted in the Illinois Army National Guard on 21 March 1939 for service in the Maywood (Illinois) Tank Company.  The unit was later re-designated as Company B, 192nd Tank Battalion at Fort Knox, Kentucky and federalized for participation in the Louisiana Maneuvers of 1941.  Upon conclusion of the maneuvers, the 192nd Tank Battalion remained on active duty and was transferred to Camp Polk, Louisiana.

3.  The FSM's unit was transferred from Camp Polk to the Philippine Islands (PI), arriving on Luzon on 20 November 1941, Thanksgiving Day.  The unit was billeted at Clark Army Air Field where, on 8 December 1941, it came under attack by Japanese forces during the invasion of the Philippines.  For the next 4 months, the FSM's unit fought a retrograde action to slow the Japanese conquest of the PI.  Just before the fall of the Bataan Peninsula on 9 April 1942, the FSM and other members of his unit escaped to Corregidor where they continued their resistance until 6 May 1942 when that island fortress fell to the Japanese.

4.  The FSM became a POW on 6 May 1942 and was imprisoned first at Cabanatuan Camp, north of Manila.  Later, he was sent to a work detail in Manila, but in 1944, when it became apparent to the Japanese that the PI would be liberated by US Forces, he was sent to Bilibid Prison in Manila to await transfer to a slave labor camp in Japan.  On 10 October 1944, the FSM was placed aboard a Japanese freighter, the Arisan Maru, one of the infamous "Hell Ships," for transport along with approximately 1800 other able-bodied prisoners to the Japanese home islands.  On 20 October 1944, US Forces landed on Leyte, PI and the liberation of the Philippines began.  

5.  On 24 October 1944 in the South China Sea, the Japanese ship Arisan Maru came under attack by the submarine, USS Snook.  With no markings to indicate that it was transporting US POWs, the Arisan Maru was fired upon and sunk by Snook.  Records indicate that of the 1800 US prisoners, only eight or nine survived the sinking.  The FSM did not survive and was declared dead on 24 October 1944.

6.  On 7 October 2002, the Military Awards Branch, PERSCOM, posthumously awarded the BSM to the FSM.  In a letter to the applicant, the PERSCOM indicated the FSM was also entitled to the award of the Distinguished Unit Citation (now known as the Presidential Unit Citation) with two Oak Leaf Clusters (OLCs).

7.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.

8.  AR 600-8-22 provides, in pertinent part, that the BSM is awarded in time of war for heroism and for meritorious achievement or service.  Paragraph 3-13d(3) specifically provides for award of the BSM to soldiers who participated in the Philippine Islands Campaign between 7 December 1941 and 10 May 1942.  Requirements for award of the BSM under this provision of regulation are performance of duty on the island of Luzon or the Harbor Defenses on Corregidor and Bataan and award of the Distinguished Unit Citation.

9.  AR 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.

10.  AR 600-8-22 provides that the Good Conduct Medal (GCMDL) is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the GCMDL, disqualification must be justified.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.

11.  AR 600-8-22 provides, in pertinent part, for award of the American Defense Service Medal (ADSM) for service within the American Theater between 8 September 1939 and 7 December 1941 under orders to active duty for a period of 12 months or longer.

12.  AR 600-8-22 provides, in pertinent part, for award of the Asiatic-Pacific (APTO) Campaign Medal.  It is awarded for service in the Asiatic-Pacific Theater of Operations (APTO) between 7 December 1941 and 2 March 1946.  Qualifying service for this award includes permanent assignment in the theater, service in a passenger or a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and awarded a combat decoration or furnished a certificate by the commanding general of a corps or higher unit showing actual participation in combat.  One bronze service star (BSS) is authorized for each campaign in which the Soldier participated.  The record shows that the FSM participated in the Philippine Islands Campaign -- 7 December 1941 to 10 May 1942.

13.  AR 600-8-22 provides, in pertinent part, for award of the World War II Victory Medal (WWII Victory Medal).  It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

14.  AR 600-8-22 provides for award of the Philippine Defense Ribbon for service in the defense of the Philippines from 8 December 1941 to 15 June 1942, under either of the following conditions:  (1) Participation in any engagement against the enemy in Philippine territory, in Philippine waters, or in the air over the Philippines or over Philippine waters -- participation includes service as a member of the defense garrison of the Bataan Peninsula or of the fortified islands (e.g., Corregidor) at the entrance to Manila Bay; or (2) Assigned or stationed in Philippine territory or in Philippine waters for not less than 30 days during the period.  Individuals who meet both conditions are authorized to wear a BSS on the ribbon.

15.  AR 600-8-22 states in paragraph 5-19g that the Philippine Campaign Medal was established by War Department General Orders Number 5, dated 1905.  This medal was awarded for service in the Philippine Islands during a number of campaigns which occurred between 4 February 1899 and 31 December 1913.  

16.  AR 600-8-22 provides, in pertinent part, that the PH is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that:  (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record.  During World War II and the Korean War, the PH 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 while in actual combat against the enemy. Executive Order 11016, dated 25 April 1962, provided more latitude with respect to award of the PH to POWs and to soldiers wounded 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 PH retroactively to any former POW who was wounded before 25 April 1962 while being held as a POW or while being taken captive.  In similar cases to that of the FSM, the PH has been authorized by the Military Awards Branch, PERSCOM.

17.  AR 600-8-22 provides, in pertinent part, that the Presidential Unit Citation (PUC), known as the Distinguished Unit Citation until 3 November 1966, is awarded for extraordinary heroism in action.  A unit must display such gallantry, 

determination and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) indicates that the 192nd Tank Battalion was cited for award of the Distinguished Unit Citation (PUC) for the periods 8-31 December 1941 by War Department General Order 14-42, 6 January-14 February 1942 by War Department General Order 14-42, and 7 December 1941-10 May 1942 by War department General Order 22-42, as amended by Department of the Army General Order 46-48.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record indicates the FSM was awarded the BSM and PUC with two OLCs on 7 October 2002.  Therefore, he is entitled to have these awards added to his separation document.

2.  Evidence of record indicates that the FSM was held as a POW by the Japanese from 10 May 1942 to 24 October 1944.  Further, he died on 24 October 1944 when the Japanese ship that was transporting him to a slave labor camp in Japan was sunk by an American submarine.  He is therefore entitled to have the POW Medal and the PH added to his separation document.

3.  Although the record does not indicate that the FSM was entitled to award of the GCMDL, neither does it show that he was specifically denied that award.  In light of the circumstances of the FSM's service, that service is presumed to be honorable, therefore he is entitled to have the GCMDL added to his separation document.

4.  Evidence of record indicates the FSM meets the criteria for award of the ADSM.  Therefore, he is entitled to have this award added to his separation document.

5.  Evidence of record indicates the FSM meets the criteria for the award of APTO with BSS.  Therefore, he is entitled to have this award added to his separation document.

6.  Evidence of record indicates the FSM meets the criteria for the award of WWII Victory Medal.  Therefore, he is entitled to have this award added to his separation document.

7.  Evidence of record indicates the FSM meets the criteria for the award of the Philippine Defense Ribbon with BSS.  Therefore, he is entitled to have this award added to his separation document.

8.  Evidence of record indicates the FSM does not meet the criteria for the award of the Philippine Campaign Medal -- service in the PI from 4 February 1899 to 31 December 1913.  He is not entitled to have this award added to his separation document.

BOARD VOTE:

__fne___  __mhm___  __phm___  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he is entitled to the BSM; the PH; the POW Medal; the GCMDL; the ADSM; the APTO Campaign Medal with BSS; the WW II Victory Medal; the Philippine Defense Ribbon with BSS; and the Distinguished Unit Citation (Presidential Unit Citation) with two OLCs;

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Philippine Campaign Medal.

			Fred N. Eichorn
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2003088683	
SUFFIX		
RECON		
DATE BOARDED	20031202	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.	107.0014	
2.	107.0015	
3.	107.0029	
4.	107.0059	
5.	107.0061	
6.	107.0064