MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           26 September 2002                   
	DOCKET NUMBER:   AR2002076067

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mr. W. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Ms. Karen Y. Fletcher		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That he be awarded the Purple Heart.

APPLICANT STATES:  That the Purple Heart is missing from his DD Form 214, Report of Transfer or Discharge. 

In support of his request, he submits a lengthy personal statement outlining his military career and concentrating on his service in the Philippine Islands as a Philippine Scout, guerilla fighter and a prisoner of war (POW) during             World War II, and an undated newspaper article summarizing his career.

EVIDENCE OF RECORD:  The applicant's military records show:

He was born on 20 November 1915, in the Philippine Islands.  He enlisted in the US Army on 5 April 1937, in the 45th Infantry Regiment (Philippine Scouts).  In 1941, he was awarded a commission as a 2nd lieutenant, eventually rising to the rank of captain.  On 17 May 1942 he was taken prisoner by the Japanese and remained a POW until 18 January 1943.  Since he was a Filipino (not an American), and seriously ill (dysentery, malaria, beriberi and scurvy), he was considered a “bed patient” and was paroled by the Japanese.  Following recuperation, he joined and fought with a guerrilla unit until the war ended.  He was honorably discharged in 1948, but reentered the Army when the Korean War started.  He served tours of duty in Korea, Japan and the United States until his retirement on 31 August 1968, in the rank of sergeant major with over 31 years of service.  Upon his retirement, he was advanced to the grade of captain on the retired list, which was the highest grade he had held.

The applicant’s record reflects that he has been awarded numerous American and foreign awards.  The Purple Heart and the POW Medal are not among them.

In the applicant’s statement accompanying his request, he contends that when he returned to military control from his POW status, he was interviewed but not asked if he had been wounded while in captivity.  He says however, that he was bayoneted and tortured severely when nine of his men escaped from the Japanese prison camp.

The applicant’s records show that during his service, he underwent knee surgery and surgery for removal of a portion of his stomach for ulcers.  The record contain no evidence, however, that he was treated for wounds resulting from action with hostile forces.

Army Regulation 600-8-22, Military Awards, provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record. Further, the Purple Heart may be awarded to individuals wounded while prisoners of foreign forces, upon submission by the individual of an affidavit that is supported by a statement from a witness, if this is possible.

During World War II and the Korean War, the Purple Heart was not awarded to soldiers who had been injured while in captivity.  Injuries sustained while a POW were considered to be the results of war crimes and not of a legal action of war.  War Department policy, at the time, required that wounds must have been received in action against the enemy or, in other words, incurred in actual combat.  Subsequent public laws and executive orders provided more latitude with respect to award of the Purple Heart to POWs, as well as the authority to award the decoration to wounded soldiers even in the absence of a formal declaration of war.  The issue as to whether this change in policy would be implemented retroactively to POWs 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 of 1996, Congress authorized award of the Purple Heart to any former POW who was wounded before 25 April 1962 while held as a POW, or while being taken captive, in the same manner as a former POW who was wounded on or after that date.

The awards regulation also provides that the POW Medal, authorized on 8 November 1985, may be awarded to any person who, while serving in any capacity with the US Armed Forces, was taken prisoner and held captive after 5 April 1917.  

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The Board does not question that the applicant was subjected to unspeakable acts and treatment while he was a POW.  However, under the rules for the Purple Heart then in effect, injuries sustained while a POW were considered to be the results of war crimes and not a legal action of war.  In order to qualify for the Purple Heart, it must be shown that the prisoner’s wounds were received in action against the enemy either prior to or while in the process of being taken captive.  In other words, the wounds must have been incurred in actual combat.  While the applicant contends that this happened, in the absence of supportive evidence in the record or corroborative statements, the Board has no basis to award the Purple Heart.

2.  Notwithstanding the foregoing, the applicant’s record shows that he was never awarded the POW Medal for his captivity in 1942/1943.  Accordingly, the Army Review Boards Agency Support Division, St. Louis, will be requested to amend his DD Form 214 to show the POW Medal.

3.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

NOTE:  Request the Army Review Boards Agency Support Division, St Louis, correct the applicant’s DD Form 214 to show that he was awarded the POW Medal for his captivity from 17 May 1942 to 18 January 1943.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___rjw___  ___kyf___  ____rvo _  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2002076067	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020926	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.  107.00		
2.		
3.		
4.		
5.		
6.