RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-00650 COUNSEL: NONE (DECEASED) HEARING DESIRED: NO (APPLICANT) ________________________________________________________________ APPLICANT REQUESTS THAT: The deceased member be awarded: 1. The Purple Heart (PH). 2. Any other appropriate awards. ________________________________________________________________ APPLICANT CONTENDS THAT: The deceased member incurred permanent physical damage to his body that was caused by the treatment he received as a Prisoner of War (POW). During imprisonment, the deceased member was starved, developed beriberi and dysentery, lost his testicles, suffered malaria and other illnesses. He also fell 25 feet in a coalmine shaft and suffered a concussion. The deceased never married as a result of the permanent damage and it is fitting that his surviving relatives receive the recognition on his behalf that he did not receive while he was alive. In support of the requests, the applicant provides a personal statement, copies of the deceased member’s death certificate, WD-GO Form 53, Honorable Discharge; the deceased member’s statement of claim of POW status and various other documents associated with his requests. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The deceased member served in the Army Air Corps and the Air Force from 4 Oct 1940 to 20 Aug 1949. He was a POW in the Philippines and Japan from 9 Apr 1942 to 4 Sep 1945. The PH is awarded to members of the United States Armed Forces who have been wounded, killed or who have died or may hereafter die of wounds received in action against an enemy of the United States or opposing force as a result of an act of any such enemy or opposing armed force, an international terrorist attack or during military operations while serving as part of a peace keeping force. A wound for which the award is made must have required treatment, not merely examination, by a medical officer. Additionally, treatment of the wound shall be documented in the service member’s medical record. Award of the PH may be made for wounds treated by a medical professional other than a medical officer, provided a medical officer includes a statement in the Service member’s medical record that the extent of the wounds were such that they would have required treatment by a medical officer if one had been available to treat them. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSID recommends denial of award of the PH. The Purple Heart Review Board has the authority, on behalf of the Secretary of the Air Force, to determine a veteran’s eligibility for award of the PH based on the policy and criteria in use at the time of the veteran’s injury. On 23 Sep 2013, the Purple Heart Review Board disapproved the applicant’s request as the deceased member signed a sworn affidavit in 1945 that there were no wounds received while a POW. After a thorough review of the case and the disapproval by the Purple Heart Review Board, the deceased member’s injuries do not meet the criteria for award of the PH. To grant relief would be contrary to the criteria established by Department of Defense (DOD) Manual 1348.33, Manual of Military Decorations and Awards, Secretary of the Air Force, Chief of Staff and the War Department. Based on a review of the deceased member’s master personnel records, DPSID determined he should have been awarded the Good Conduct Medal with two Bronze Loops (GCM w/2 Br Lps) and the POW Medal. Upon the Board’s final decision, DPSID will administratively correct the deceased member’s records to reflect these awards. The complete DPSID evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Under enemy attack on his air base in Alogoma Point on Bataan, the deceased member was injured on the front lines while participating in combat. From the long march to the work in the copper mine where he fell down a thirty feet shaft, he surely shed his blood at the hands of his captors. The applicant is attempting to contact members of the American Defenders of Bataan and Corregidor to attest that they would have declared that they were not injured or shot in combat in order to go home. The deceased did not come home for months after his liberation. He was fattened up from a weight of 100 pounds to 150 pounds before his release. The deceased member’s account, written for his family, speaks of this. The applicant’s complete response, with attachments, is at Exhibit E. ________________________________________________________________ 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 error or injustice. We took notice of the applicant's complete submission in judging the merits of the case; to include his responses to the Air Force evaluations; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not sustained his burden of proof that the deceased member’s records should be corrected to reflect award of the PH. We are not unmindful or unappreciative of the deceased member’s service to his Nation. Should the applicant secure supporting documentation, we would be willing to reconsider his application. Therefore, aside from the administrative corrections awarding the POW Medal and the GCM w/2 Br Lps, we find no basis to recommend favorable consideration of this application. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2013-00650 in Executive Session on 24 Apr 2014, under the provisions of AFI 36-2603: , Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 25 Oct 2012, w/atchs. Exhibit B. Deceased Member’s Master Personnel Records. Exhibit C. Letter, AFPC/DPSID, dated 12 Nov 2013. Exhibit D. Letter, SAF/MRBR, dated 6 Dec 2013. Exhibit E. Letter, Applicant, dated 30 Dec 2013. Exhibit F. Letter, Applicant, dated 31 Dec 2013, w/atchs. 1 2