A Fitting Finale

[HARDCORE]

I just received a PM asking about the Bill that Brenda and I was heavily involved in. I have listed below some of the material that came in from Senator Boxer and Congressman Filner. I hope that it adds some enlightenment. As I have stated before, Brenda’s uncle Corporal Melvin H. Morgan was one of the 17,000 to 21,000 Prisoners of War who DIED in Enemy Captivity from 7 December 1941 to the present. He died of starvation in a Tiger Camp in North Korea and again I hope the data below, only a part of the total picture, is of some value and interest.

Rick
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HONORING OUR NATION'S VETERANS -- (House of Representatives - June 03, 2004)

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The SPEAKER pro tempore. Under a previous order of the House, the gentleman
from California (Mr. Filner) is recognized for 5 minutes.

Mr. FILNER. Mr. Speaker, I rise today to introduce two pieces of legislation in this House that recognizes and honors the service and sacrifice of members of the United States Armed Forces throughout the history of our great Nation.

The first bill is H.R. 4425, called the Honor Our Fallen Prisoners of War Act. Currently, prisoners of war who die during their imprisonment of wounds inflicted in war are eligible for a posthumous Purple Heart recognition. However, those who die of starvation, for example, or beatings or freezing to death are causes which are not eligible for the Purple Heart.

Can this be right? There should be no false distinction indicating more courage or more sacrifice by some who died and less by others. All POWs who died in service to our Nation should be eligible for this Purple Heart recognition, and H.R. 4425 will allow all members of our armed forces who die while a prisoner of war, regardless of the cause of death, to be awarded this honor. This will apply to all wars, past and present.

I am indebted to Rick and Brenda Morgan Tavares of Campo, California, and to
Wilbert ``Shorty'' Estabrook of Murrieta, California, who brought this issue to my attention. Shorty survived the Tiger Camp death march during the Korean War and was imprisoned for over 3 years. Brenda's uncle, Corporal Melvin Morgan, died of starvation and beatings he suffered in 1950 at the age of 20 in Korea. Surely Corporal Morgan is deserving of a Purple Heart.
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Honor Our Fallen Prisoners of War Act (Introduced in House)

HR 4425 IH

108th CONGRESS

2d Session

H. R. 4425

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.


IN THE HOUSE OF REPRESENTATIVES

May 20, 2004
Mr. FILNER introduced the following bill; which was referred to the Committee on Armed Services
----------------------------------------------------------------------------
A BILL
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.


Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Honor Our Fallen Prisoners of War Act'.

SEC. 2. AWARD OF PURPLE HEART FOR PRISONERS OF WAR WHO DIE IN CAPTIVITY.

(a) Persons not Otherwise Eligible for the Purple Heart- Chapter 57 of title 10, United States Code, is amended by adding at the end the following new section:

`Sec. 1134. Purple Heart: members who die while prisoners of war that are not otherwise eligible under the circumstances causing death

`(a) For purposes of the award of the Purple Heart, the Secretary concerned shall treat a member of the armed forces described in subsection (b) in the same manner as a member who is killed or wounded in action as the result of an act of an enemy of the United States.

`(b) A member described in this subsection is a member who dies in captivity under circumstances establishing eligibility for the prisoner-of-war medal under section 1128 of this title but not under circumstances establishing eligibility for the Purple Heart.

`(c) This section applies to members of the armed forces who die on or after December 7, 1941. In the case of a member who dies as described in subsection (b) on or after December 7, 1941, and before the date of the enactment of this section, the Secretary concerned shall award the Purple Heart under subsection (a) in each case which is known to the Secretary before the date of the enactment of this section or for which an application is made to the Secretary in such manner as the Secretary requires.'.

(b) Clerical Amendment- The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

`1134. Purple Heart: members who die while prisoners of war that are not otherwise eligible under the circumstances causing death.'.
__________________________________________________ ____
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Honor Our Fallen Prisoners of War Act (Introduced in House)

HR 2369 IH

109th CONGRESS

1st Session

H. R. 2369

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.

IN THE HOUSE OF REPRESENTATIVES

May 16, 2005

Mr. FILNER (for himself and Mr. MCNULTY) introduced the following bill; which was referred to the Committee on Armed Services

A BILL

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.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Honor Our Fallen Prisoners of War Act'.

SEC. 2. AWARD OF PURPLE HEART FOR PRISONERS OF WAR WHO DIE IN CAPTIVITY.

(a) Persons not Otherwise Eligible for the Purple Heart- Chapter 57 of title 10, United States Code, is amended by adding at the end the following new section:

`Sec. 1135. Purple Heart: members who die while prisoners of war that are not otherwise eligible under the circumstances causing death

`(a) For purposes of the award of the Purple Heart, the Secretary concerned shall treat a member of the armed forces described in subsection (b) in the same manner as a member who is killed or wounded in action as the result of an act of an enemy of the United States.

`(b) A member described in this subsection is a member who dies in captivity under circumstances establishing eligibility for the prisoner-of-war medal under section 1128 of this title but not under circumstances establishing eligibility for the Purple Heart.

`(c) This section applies to members of the armed forces who die on or after December 7, 1941. In the case of a member who dies as described in subsection (b) on or after December 7, 1941, and before the date of the enactment of this section, the Secretary concerned shall award the Purple Heart under subsection (a) in each case which is known to the Secretary before the date of the enactment of this section or for which an application is made to the Secretary in such manner as the Secretary requires.'.

(b) Clerical Amendment- The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

`1135. Purple Heart: members who die while prisoners of war that are not otherwise eligible under the circumstances causing death.'.
__________________________________________________ ______

Honor Our Fallen Prisoners of War Act (Introduced in Senate)
S 2157 IS

109th CONGRESS

1st Session

S. 2157

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.

IN THE SENATE OF THE UNITED STATES

DECEMBER 21, 2005

Mrs. BOXER introduced the following bill; which was read twice and referred to the Committee on Armed Services

A BILL

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.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Honor Our Fallen Prisoners of War Act'.

SEC. 2. AWARD OF PURPLE HEART FOR PRISONERS OF WAR WHO DIE IN CAPTIVITY.

(a) Persons not Otherwise Eligible for the Purple Heart- Chapter 57 of title 10, United States Code, is amended by adding at the end the following new section:

`Sec. 1135. Purple Heart: members who die while prisoners of war that are not otherwise eligible under the circumstances causing death

`(a) For purposes of the award of the Purple Heart, the Secretary concerned shall treat a member of the armed forces described in subsection (b) in the same manner as a member who is killed or wounded in action as the result of an act of an enemy of the United States.
`(b) A member described in this subsection is a member who dies in captivity under circumstances establishing eligibility for the prisoner-of-war medal under section 1128 of this title but not under circumstances establishing eligibility for the Purple Heart.

`(c) This section applies to members of the armed forces who die on or after December 7, 1941. In the case of a member who dies as described in subsection (b) on or after December 7, 1941, and before the date of the enactment of this section, the Secretary concerned shall award the Purple Heart under subsection (a) in each case which is known to the Secretary before the date of the enactment of this section or for which an application is made to the Secretary in such manner as the Secretary requires.'.

(b) Clerical Amendment- The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

`1135. Purple Heart: members who die while prisoners of war that are not otherwise eligible under the circumstances causing death.'.
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STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS --(Senate - December 21, 2005)

By Mrs. BOXER:

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S. 2157. A bill 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; to the Committee on Armed Services.

Mrs. BOXER. Mr. President, I am pleased to introduce legislation today to provide for the Purple Heart to be awarded to all prisoners of war who die in captivity, regardless of the cause of death. The ``Honor Our Fallen Prisoners of War Act'' was previously introduced by Representative BOB FILNER in the House of Representatives. I am proud to join him in this effort.

The ``Honor Our Fallen Prisoners of War Act'' would make members of the Armed Forces who die in captivity of any circumstance eligible for the Purple Heart. Currently, only prisoners of war who die during their imprisonment of wounds inflicted by an instrument of war are eligible for posthumous Purple Heart recognition. Those who die of starvation, disease, abuse, or other causes during captivity are not.

I believe this is an injustice to the thousands of POWs who paid the ultimate price in service to our Nation. The purpose of the Purple Heart is to honor those who are killed or wounded in action as the result of an act of an enemy of the United States. It makes no sense that prisoner of war camps--where thousands of Americans have been held against their will and have endured great suffering at the hands of enemy forces--are not considered a battlefield.

The legislation is retro-active to December 7, 1941 and would therefore include all POWs who have died in captivity since World War II.

The ``Honor Our Fallen Prisoners of War Act'' has been endorsed by the Tiger Survivors, Veterans of Foreign Wars, Military Order of the Purple Heart, Korean War Veterans Association, National League of POW/MIA Families, and a number of other prominent veterans organizations.

I urge my colleagues to support this important legislation.
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H.R.5122

John Warner National Defense Authorization Act for Fiscal Year 2007 (Engrossed Amendment as Agreed to by Senate)

SEC. 589. PURPLE HEART AWARD ELIGIBILITY.

(a) FINDINGS- Congress makes the following findings:

(1) The Purple Heart is the oldest military decoration in the world in present use.

(2) The Purple Heart was established on August 7, 1782, during the Revolutionary War, when General George Washington issued an order establishing the Honorary Badge of Distinction, otherwise known as the Badge of Military Merit.

(3) The award of the Purple Heart ceased with the end of the Revolutionary War, but was revived in 1932, the 200th anniversary of George Washington's birth, out of respect for his memory and military achievements by War Department General Orders No. 3, dated February 22, 1932.

(4) The criteria for the award was originally announced in War Department Circular dated February 22, 1932, and revised by Presidential Executive Order 9277, dated December 3, 1942; Executive Order 10409, dated February 12, 1952; Executive Order 11016, dated April 25, 1962; and Executive Order 12464, dated February 23, 1984.

(5) The Purple Heart is awarded in the name of the President of the United States as Commander in Chief to members of the Armed Forces who qualify under criteria set forth by Presidential Executive Order.

(b) DETERMINATION- As part of the review and report required in subsection (d), the President shall make a determination on expanding eligibility to all deceased servicemembers held as a prisoner of war after December 7, 1941, and who meet the criteria establishing eligibility for the prisoner-of-war medal under section 1128 of title 10, but who do not meet the criteria establishing eligibility for the Purple Heart.

(c) REQUIREMENTS- In making the determination described in subsection (b), the President shall take into consideration--

(1) the brutal treatment endured by thousands of POWs incarcerated by enemy forces;

(2) that many service members died due to starvation, abuse, the deliberate withholding of medical treatment for injury or disease, or other causes which do not currently meet the criteria for award of the Purple Heart;

(3) the views of veteran organizations, including the Military Order of the Purple Heart;

(4) the importance and gravity that has been assigned to determining all available facts prior to a decision to award the Purple Heart; and

(5) the views of the Secretary of Defense and the Joint Chiefs of Staff.

(d) REPORT- Not later than March 1, 2007, the President shall provide the Committees on Armed Services of the Senate and House of Representatives a report on the advisability of modifying the criteria for the award of the Purple Heart to authorize the award of the Purple Heart to military members who die in captivity under unknown circumstances or as a result of conditions and treatment which currently do not qualify the decedent for award of the Purple Heart; and for military members who survive captivity as prisoners of war, but die thereafter as a result of disease or disability incurred during captivity.
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----- Original Message -----
From: "Norris, Ann (Boxer)" To: "Rick Tavares" "Schultze, Sharon" "Major Doug Johnson" Cc: "Wells, Matthew (Boxer)"
Sent: Tuesday, December 18, 2007 12:54 PM
Subject: RE: QUESTION??????????

DoD assured us that they are working to change the regulations now, and that the changes to the regulation should be in place by mid next year. We continue to follow up with DoD on a regular basis. This is from the last correspondence we received:

The policy change to allow POWs who die in captivity to receive the Purple Heart is being incorporated into the revised version of DoD 1348.33-M, Manual of Military Decorations and Awards. The revised manual is currently being staffed at the Action Officer level and will be formally staffed for approval early next year. We anticipate publication of the revised manual by mid-2008.

Please let me know if you have any questions.

Thank you -

Ann Norris
Senior Legislative Assistant
Senator Barbara Boxer
202.224.3553
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Here is the link to DoD 1348.33-M, Manual of Military Decorations and
Awards: http://www.dtic.mil/whs/directives/corres/pub1.html