RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-03812 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect he was awarded the Purple Heart (PH) Medal. ________________________________________________________________ APPLICANT CONTENDS THAT: He was beaten during World War II by enemy captors. He received injuries to his jaw due to multiple strikes from the butt of a pistol. In support of this appeal, the applicant provides copies of his congressional inquiry response. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant entered the Air Corps on 17 May 1943 as a Bombardier. On 21 October 1944, he was sent to Italy on temporary assignment. On 28 December 1944, his parents were notified that he was on a bombing mission to Vienna, Austria and failed to return. A Battle Casualty Report confirmed the applicant was released as a Prisoner of War and liberated on 1 May 1945. During a POW examination conducted by the Department of Veterans Affairs (DVA), he accounts the events of his capture. He states his plane was shot down and he was told to bail out, which he did. His chute opened high, he hit the snow and injured his left knee and ankle. He landed in Hungary and was placed in a truck by a Hungarian colonel and some troops. When they arrived at the base, he was struck twice with a pistol by a Hungarian pilot. They were put into a local jail overnight and then sent to Budapest. They were later turned over to the Germans and sent to the Dulag Luft II for interrogation. He was in solitary confinement for a week but received no further maltreatment. He received no medical treatment other than the treatment for a lesion on his jaw which was lanced with a pin. He also reported his worst problems as a POW were hunger and the facial injury. In accordance with Army Regulation (AR) 600-45, Decorations, dated 22 September 1943, during the period in question, the PH was awarded for wounds received in action against an enemy of the United States, or as a direct result of an act of such enemy, provided such wound necessitated treatment by a medical officer. For the purpose of awarding the PH, a wound was 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. When a person eligible for award of the PH was treated for a wound, the commanding officer of the hospital, or the medical officer who treated the wound, furnished the commanding officer of the wounded person a certificate briefly describing the nature of the wound, and certifying the necessity of treatment. In addition, a wounded soldier’s unsupported statement could be accepted in unusual or extenuating circumstances when, in the opinion of the officer making the award, no corroborative evidence was obtainable. However, the statement would be substantiated if possible. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDR recommends denial. The PH is awarded for wounds received as a direct result of enemy action. In addition, it is necessary that the wound required or received treatment by medical personnel. The applicant does not provide medical documentation or any eye witness statements verifying that his injury was a result of combat action with the enemy. A Report of Medical Examination, dated 25 May 1967, states the applicant experienced tooth and gum trouble in December 1944 due to an injury to the teeth, surgery corrected. No complications. They are unable to locate medical or eyewitness documentation to support the applicant’s claim that his injury was combat- related. The complete DPSIDR evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 9 December 2011, for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ 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. After a thorough review of the evidence of record and noting the applicant’s complete submission, we are not persuaded the former member’s records should be corrected to reflect his entitlement to the PH. In this respect, we note that during the period in question the PH was awarded for wounds received in action against an enemy of the United States, or as a direct result of an act of such enemy, provided such wound necessitated treatment by a medical officer. The medical evidence before us accounts the events as relayed by the applicant only. There were no witness statements submitted to corroborate the applicant’s version of the events. The personal sacrifice the applicant has endured for his country is noted; however, in the absence of witness statements to corroborate the former member’s account of the events, we find no basis upon which to recommend favorable consideration of the applicant’s request. 4. The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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-2011-03812 in Executive Session on 27 March 2012, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 24 Oct 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIDR, dated 21 Nov 11. Exhibit D. Letter, SAF/MRBR, dated 9 Dec 11. Panel Chair