RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-01059 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: The decedent is awarded the following awards and decorations: 1. Bronze Star Medal (BSM) (Administratively Corrected). 2. Prisoner of War Medal (PWM) (Administratively Corrected). 3. Presidential Unit Citation with two Oak Leaf Clusters (PUC w/2 BOLCs) (Administratively Corrected). 4. Asiatic Pacific Campaign Medal (APCM) (Administratively Corrected). 5. World War II Victory Medal (WWIIVM) (Administratively Corrected). 6. Gold Star Lapel Button. 7. American Defense Service Medal (ADSM) (Administratively Corrected). _________________________________________________________________ APPLICANT CONTENDS THAT: On 7 May 42, the decedent was assigned to the 2nd Battalion, Philippine Islands when he was captured as a Prisoner of War (POW). On 10 Jun 42, he died while a POW. Under the provisions of AFP 900-2, Unit Decorations, Awards and Campaign Participation Credit dated 15 Jun 71, he is authorized award of the PUC w/2 BOLCs. In Accordance With (IAW) AR 600-8-22, Military Awards, and Code of Federal Regulations dated 1 Jul 07, he is entitled to the BSM as a recipient of the PUC. In support of her requests, the applicant provides a personal statement, copies of his National Archives and Records Administration (NARA) records and Congressional inquiry. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The decedent was a member of the Army Air Corps. On 10 Jun 42, he died at Camp O’Donnell, Philippine Islands, while a POW of the Japanese. The Gold Star Lapel Button shall be distributed to the widow, widower, each parent, each child, each brother, each sister of a member of the United States Armed Forces who meets any of the following criteria: who lost his or her life during World War I, World War II, 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. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSID recommends denial of the applicant’s request for the Gold Star Lapel Button. Unfortunately, with the passing of the decedent’s sister, the request had to be resubmitted by a living Next of Kin (NOK). IAW with the criteria established for the Gold Star Lapel Button, the niece does not meet the eligibility criteria. To grant the relief sought would be contrary to the criteria established by the War Department, the Department of Defense and/or the Secretary of the Air Force. Based on a review of his official military personnel records, he should have been awarded the following awards during his service from 6 Jun 41 to 10 Jun 42: BSM, PWM, PUC w/2 BOLC, APCM w/1 BSS, WWIIVM, ADSM, Philippine Republic Presidential Unit Citation (PRPUC) and Philippine Defense Ribbon with one Bronze Service Star (PDR w/1 BSS). A copy of the DPSID evaluation will be placed in his official military personnel records to verify the awards. The complete DPSID evaluation is at Exhibit C. _________________________________________________________________ APPLICANT’S REVIEW OF AIR FORCE EVALUATION: She understands as the niece she does not qualify for the Gold Star Lapel Button. She is still seeking the other medals due to him for his military service from 6 Jun 41 to 10 Jun 42. She is the oldest living relative and respectfully requests the medals for his family. She has tried her best to accomplish this mission and appreciates the file remaining open to do this. The applicant’s complete response 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 an error or injustice to warrant distributing the Gold Star Lapel Button to the applicant. 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 (OPR) and adopt the rationale expressed as the basis for our conclusion that the applicant has not been the victim of an error or injustice. Therefore, aside from the administrative corrections noted above, we find no basis to recommend granting the relief sought in 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-2013-01059 in Executive Session on 27 May and 22 Jul 14, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-01059 was considered: Exhibit A. DD Form 149, dated 18 Jul 13, w/atchs. Exhibit B. Applicant’s Available Master Personnel Records Exhibit C. Letter, AFPC/DPSID, 31 Dec 13 Exhibit D. SAF/MRBR, dated 24 Jan 14. Exhibit E. Letter, Applicant, dated 19 Feb 14.