RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00354 (Deceased) COUNSEL: NONE (Applicant) HEARING DESIRED: NO APPLICANT REQUESTS THAT: The decedent be awarded the following decorations and/or medals: 1. The Bronze Star Medal (BSM). 2. The Gold Star Lapel Pin. The following requested changes will be corrected administratively: 2. The Purple Heart (PH) Medal. 3. The Prisoner of War (POW) Medal. 4. The Presidential Unit Citation (PUC), with two Oak Leaf Clusters (PUC, w/2OLCs). 5. The Philippine Republic Presidential Unit Citation (PHRPUC). 6. The Asiatic Pacific Campaign Medal (ACPM). 7. The World War II Victory Medal (WWIIVM). 8. The American Defense Service Medal (ADSM). 9. The Philippine Defense Medal (PDM). APPLICANT CONTENDS THAT: Her great-uncle should be recognized for his service during World War II. The former service member was captured on 7 May 42 and died in captivity while being held as a POW, 26 Dec 42. He should receive similar recognition as his counterparts with the 24th Pursuit Group. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: Based on information from the National Archives and Records Administration (NARA), the decedent was a former member of the Army Air Corps who served in the Southwest Pacific Theater and Philippines Theater of Operation. In 1942, his grade was a sergeant and he died in captivity as a POW. AIR FORCE EVALUATION: AFPC/DPSID recommends approval of the Bronze Star Medal. DPSID notes that in accordance with Army Regulation 600-8-22 3-14 (3), dated 11 Dec 06 and the Joint Army Air Forces Adjustment Regulations, the 24th Pursuit Group was awarded the PUC, w/2BOLCs for their service in the Philippines during World War II. A proposed citation for award of the Bronze Star Medal is attached. In addition, DPSID recommends disapproval for award of the Gold Star Lapel Button. The applicant's niece is not a qualifying next of kin authorized the Gold Star Lapel Button; therefore, rendering the niece ineligible. To grant relief would be contrary to the criteria established by DoDM 1348.33, Secretary of the Air Force, Chief of Staff, and/or the War Department. Additionally, DPSID noted the following awards and decorations will be corrected administratively after final Board action: • PH • PWM • PUC, w/2BOLCs • Philippine Republic Presidential Unit Citation (PHRPUC) • ACPM, with one Bronze Service Star (APCM w/lBSS) • WWIIVM • ADSM, w/Overseas Clasp • PDM, with one Bronze Service Star (PDM w/1 BSS) • Good Conduct Medal (GCM) Based on information from the Air Force Office of Primary Responsibility (OPR), the applicant initially entered the Regular Air Force on 9 Dec 38 and served until his death as a POW, on 26 Dec 42. The Bronze Star Medal 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 themselves by heroic 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. According to Army Regulation 600- 8-22 3-14 (3), dated 11 Dec 06: Upon letter application, award of the Bronze Star Medal 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 (Presidential Unit Citation) may be awarded this decoration. The Gold Star Lapel Button shall be distributed to the widow, widower (remarried or not), each parent (mother, father, stepmother, stepfather, mother through adoption, father through adoption, and foster parents who stood in loco parentis), each child, each brother, each sister, each half-brother, each half- sister, each step-child, and each adopted child of a member of the Armed Forces of the United States who lost his or her life under any of the following conditions: during World War I, World War II, or any subsequent period of armed hostilities in which the United States was engaged before 1 Jul 58 or while engaged in action against an enemy of the United Sates; 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 forces any time since 30 Jun 58. The complete DPSID evaluation, with attachment, is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 25 Aug 14 for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office. 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 for award of the Gold Star Lapel Pin. We took notice of the applicant’s complete submission in judging the merits of the case; 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 the former service member has not been the victim of an error of injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief. 4. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice warranting award of the Bronze Star Medal. Having carefully reviewed this application, we agree with the recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion the former service member was the victim of an error or injustice. Therefore, we recommend his records be corrected as indicated below. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that he was awarded the Bronze Star Medal, for meritorious achievement for the period 7 Dec 42 to 26 Dec 42 and the attached citation be accepted for file in his official record. The following members of the Board considered AFBCMR Docket Number BC-2014-00354 in Executive Session on 20 Jan 15 under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 22 Jan 14, w/atchs. Exhibit B. Available Excerpts from Personnel Records. Exhibit C. Letter, AFPC/DPSID, dated 8 Aug 14, w/atch. Exhibit D. Letter, SAF/MRBR, dated 25 Aug 14.