RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01321 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: He be awarded the following awards: 1. Purple Heart (PH). 2. Prisoner of War Medal (PWM). (Will be administratively corrected) 3. The 389th Bombardment Group Distinguished Unit Citation (DUC). (Will be administratively corrected for award of the Presidential Unit Citation, formerly the DUC) 4. Other awards he be may be entitled to. APPLICANT CONTENDS THAT: On 11 Apr 44, he was a top turret gunner on a B-24 aircraft that was shot down. He got out of the plane and parachuted onto German soil. His captors took him to a hospital where he was treated for severe burns on his head, face and hands. The injuries were from the fire on the plane going through his turret position. His WD-AGO Form 53-55, Enlisted Record and Report of Separation Honorable Discharge, Item 34, Wounds Received in Action, reflects “11 Apr 44 Germany.” Item 55, Remarks, reflects “Prisoner of War from 11 Apr 44 to 2 May 45 in Germany.” Upon release from the hospital, he was transported to Stalag 17B Prisoner of War (POW) Camp where he remained for 13 months until 5 May 45 when liberated by U.S. Armed Forces. At the end of WWII, he was liberated from his POW camp and sent back to the U.S. by ship and discharged shortly thereafter. No one was waiting around for commendations or awards and thus no medals were awarded upon discharge. The applicant provides no rationale as to why the Board should consider it in the interest of justice to consider his untimely application. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant was a member of the Army Air Corps from 6 Jan 43 to 11 Jun 45. His WD-AGO Form 53-55, Item 34, reflects “11 Apr 44 Germany.” Item 55, reflects “Prisoner of War from 11 Apr 44 to 2 May 45 in Germany.” The PH is awarded to members of the United States Armed Forces who have been wounded, killed or who have died or may hereafter die of wounds received in action against an enemy of the United States or opposing force as a result of an act of any such enemy or opposing armed force, an international terrorist attack or during military operations while serving as part of a peace keeping force. A wound for which the award is made must have required treatment, not merely examination, by a medical officer. Additionally, treatment of the wound shall be documented in the service member’s medical record. Award of the PH may be made for wounds treated by a medical professional other than a medical officer, provided a medical officer includes a statement in the Service member’s medical record that the extent of the wounds were such that they would have required treatment by a medical officer if one had been available to treat them. AIR FORCE EVALUATION: AFPC/DPSID recommends denial of the applicant’s request for award of the PH. DPSID was unable to locate a signed certificate, special order or any other official documentation verifying the applicant was recommended for or awarded the PH. While the applicant has provided a detailed account of how the injury occurred, he has not provided an eyewitness statement or medical documentation substantiating the injury was received and treated. While it is highly unlikely treatment for an injury would have been documented by a medical professional in a POW camp, no medical documentation post internment was provided or located such as a physical upon separation. The applicant’s WD- AGO 53-55 reflects the applicant received wounds in action on 11 Apr 44. While this states the applicant received the injury, this entry on its own is not conclusive evidence that the injury received on 11 Apr 44 was due to enemy action. To grant relief would be contrary to the criteria established by DoDM 1348.33, Manual of Military Decorations and Awards, the Secretary of the Air Force and the Chief of Staff. The PH Review Board has the authority (on behalf of the Secretary of the Air Force), to determine a veteran’s award of the PH. Each request is considered based on the policies and criteria in use at the time the veteran was injured, and the determination is dependent on the documentary evidence presented. In order to present a request to the PH Review Board, a detailed personal account of the circumstances surrounding the injury, medical documentation to substantiate medical treatment was received and if possible, an eyewitness account from an individual who saw the applicant injured. The applicant’s request was not boarded by the PH Review Board due to lacking documentation to be considered. Based on a review of the applicant’s official military personnel record, DPSID was able to determine the applicant should have been awarded the American Campaign Medal (ACM), World War II Victory Medal (WWIIVM), Good Conduct Medal (GCM), Prisoner of War Medal (PWM) and the Presidential Unit Citation (PUC). Upon the final decision of the Board, the applicant’s records will be administratively corrected by AFPC/DPSOR to reflect the awards. A complete copy of the DPSID evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant’s podiatrist provides a letter attesting to an x- ray of the applicant’s left ankle which has the presence of shrapnel. Additional medical documentation from the clinic where he was a patient over the years is forthcoming and will be provided. They were able to locate a copy of the MACR 3781 and within the report is a casualty questionnaire from a crew member who said the applicant was “burnt about the face.” Another crew member who they met a few years back commented to the applicant that he did not recognize him because he only remembered him with a severely burned face and hands the last time he saw him in 1944. The applicant’s complete submission, with attachments, is at Exhibit E. 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 an error or injustice. After thoroughly reviewing the evidence of record and the letter from the applicant’s podiatrist we are not persuaded the applicant should be awarded the PH. While the evidence reflects the applicant received wounds in action on 11 Apr 44, we do not find the evidence submitted sufficient to determine the applicant suffered an injury as a result of the act of an enemy. Should the applicant provide an eyewitness statement from someone who witnessed the circumstances surrounding his injury, we would be willing to reconsider his request. The applicant’s personal sacrifice and unselfish service to his country is noted and our decision in no way lessens our regard for his service; however, without documentation to substantiate his injury was caused by enemy action, we are unable to verify his entitlement to the PH. Therefore, aside from the aforementioned administrative corrections for award of the ACM, WWIIVM, GCM, PWM and the PUC, we find no basis to recommend granting the additional relief sought in this application. 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-2014-01321 in Executive Session on 26 Feb 15 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 26 Mar 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSID, dated 7 Jul 14. Exhibit D. Letter, SAF/MRBR, dated 18 Dec 14. Exhibit E. Letter, Applicant, dated 14 Jan 15, w/atchs.