Posted By Robert E. Johnson on July 31, 2006 at 13:26:02:
H.R. 2369: Honor Our Fallen Prisoners of War Act
Official Title: To amend title 10, United States Code, to provide for the Purple Heart to be awarded to prisoners of war who die in captivity under circumstances not otherwise establishing eligibility for the Purple Heart
May 16, 2005: Referred to the House Committee on Armed Services
Introduced by Rep. Bob Filner [D-CA]
Supported by Senator Boxer [D-CA]
AR 600-45, dated 22 September 1943, the initial regulation used during World War II. Paragraph 16.a. states, for the purpose of awarding the Purple Heart, a wound is defined as an injury to any part of the body from an outside force, element, or agent sustained as the result of a hostile act of the enemy or while in action in the face of the enemy.
“As the result of a hostile act of the enemy.” This would apply to any mistreatment including leading to death.
Public Law 104-106, dated February 10, 1996, SEC. 621, Award Of The Purple Heart To Persons Wounded While Held As Prisoners Of War Before April 25, 1962.
(a) Award of Purple Heart—For purposes of the award of the Purple Heart, the Secretary concerned (as defined on section 101 of title 10, United States Code) shall treat a former prisoner of war who was wounded before April 25, 1962, while held as a prisoner of war (or while being taken captive) in the same manner as a former prisoner of war who is wounded on or after that date while held as a prisoner of war (or while being taken captive).
Prior to the 1996 legislation, for instance, none of the 140,000 U.S. service members who surrendered to the Japanese in the Philippines in May 1942 could qualify for a Purple Heart. Also ineligible were the thousands of former POWs who came later in World War II, Korean War, and the Cold War.
Since 1996, a number of World War II, and Korean War veterans have applied for the Purple Heart on the basis of wounds, and injuries received while they were POWs, officials of the Army’s Military Awards Branch said. Supporting documentation is required, and may include copies of repatriation medical exams, or a witness’s statement from a cellmate. The injuries or wounds sometimes leading to death must be deliberately inflicted by the captors.
An example of troops earning the Purple Heart while held captive occurred in the Balkins. Serb forces captured three U.S. soldiers on March 11, 1999. The Americans endured frequent beatings until their release. All three received Purple Heart medals.
Congressman Walter Jones introduced H.R.2875, dated July 24, 2003, “To establish procedures for consideration of applications for award of the Purple Heart medal to veterans who were held as prisoners of war before April 25, 1962.” It identified specific situations that qualified the POW for the medal. I believe since current guidelines authorize the Purple Heart for mistreatment, the bill was not passed.
Congressman Bob Filner introduced H.R. 2369, dated May 16, 2005. The bill “Honor our Fallen Prisoner of War Act.” He stated, “Currently prisoners of war who die during their imprisonment of wounds inflicted in war are eligible for posthumous Purple Heart recognition. However, those who die of starvation, beatings, freezing or other causes are not eligible for the Purple Heart!”
Senator Boxer followed with the introduction of S 2157 that supports the bill.
Filer identified a corporal that died of starvation and beatings in 1950 at the age of 20 in Korea. According to current guidelines, he is entitled to the Purple Heart. The next-of-kin or family member is required to submit a DD Form 149, dated May 2005, “Application of Correction of Military Record, under the provisions of TITLE 10, US CODE, SECTION 1552, backed by necessary documents (including sworn testimony) to meet the requirements in order for the soldier to be posthumously awarded the medal.
The proposed blanket authorization to all POWs that died while in captivity, does not take in consideration the possibility of fatalities caused by acts from other sources, and not solely the captors. It relinquishes the responsibility of meeting present requirements.
The bill suggests amending title 10, United States Code, to provide for the Purple Heart to be awarded to prisoners of war who die in captivity under circumstances not otherwise establishing eligibility for the Purple Heart. If passed, it would eliminate the current requirement service member must have received the wound (mistreatment) from the enemy.
References: AR 600-45, dated 22 September 1943; 3 May 1944; 27 June 1950; and AR 672-5-1, dated 20 July 1956.
I believe if the lawmakers approve the bill disregarding current guidelines, they should go one step further, and approve the Purple Heart for all former prisoners of war.
Robert E. Johnson