AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

IN THE MATTER OF: 

DOCKET NUMBER:  96-03428 

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HEARING DESIRED:  No 

APPLICANT REQUESTS THAT: 

He be awarded the Purple Heart  (PH). 

APPLICANT CONTENDS THAT: 

He is entitled to the award of the PH as a result of injuries he 
received  during  his  six-month  captivity  as  a  Prisoner  of  War 
(POW) of the Germans.  On  17 Dec 44, he was a second lieutenant 
assigned to  the  461St  Bomb  Group  flying out  of  Italy  as  a  B-24 
pilot.  On  that  date,  he  was  shot  down  by  enemy  fighters  and 
anti-aircraft flack over Trench, Czechoslovakia.  He bailed out 
and was captured by  local troops and then turned over to the SS 
for interrogation.  He was taken to a barn at SS Headquarters and 
was  subjected  to  a  severe  interrogation.  As  a  result  of  a 
beating, he  received  severe .injuries to his  teeth  and  jaw.  He 
was then transported to Stalag Luft 1 where he remained until his 
repatriation  in  Apr  45  and  then  returned  to  France  for 
rehabilitation.  While receiving treatment, he was informed that 
he was to receive the PH Medal for service-connected injuries at 
the hands of the enemy.  He was returned to the United States in 
Jun 45 and has never received the PH. 

Applicant's  complete submission is attached at Exhibit A. 

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STATEMENT OF FACTS: 

The applicant enlisted in the Army/Air Corps of the United States 
on  3 Sep  42  in  the  grade  of  private. 
Medical  documentation 
reflects  that  on  5 Jul  43,  the  applicant  was  admitted  to  the 
hospital  in  Nashville,  Tennessee,  for  a  rupture  (traumatic, 
moderately severe), and accidentally incurred an injury on 28 Apr 
43 to his left knee when he was a cadet and fell down stairs. 

AFBCMR 96-03428 

On  9 Feb  45,  a  letter  was  forwarded  to  the  applicant’s  wife 
indicating  that  he  was  reported  by  the  Adjutant  General  as 
missing  in  action  over  Germany  since  17 Dec  44. 
The  letter 
indicated that  the  applicant was  a pilot  of  a  B-24  (Liberator) 
bomber  which  departed from Italy on a combat mission  to Germany 
on  17 Dec  44. 
The  report  revealed  that  during  this  mission 
en route  to  the  target,  a  radio  message  was  received  from 
applicant’s  bomber  stating  that  the  plane  was  in  difficulty. 
Shortly  afterwards,  the  applicant‘s  aircraft  was  observed  to 
leave the formation and disappeared from sight. 

On  19 Jun  45,  the  War  Department  issued  a  telegram  to  the 
applicant’s wife indicating that the applicant was being returned 
to the United States and returned to military control within the 
near future and would be given an opportunity to communicate with 
her upon arrival. 

Applicant  was  discharged  from  active  duty  on  17 Dec  45  in  the 
grade  of  second  lieutenant  under  the  provisions  of  Reserve 
Regulation 1-5  (Convenience of the Government) and transferred to 
the Air Force Reserves.  He was honorably discharged from the Air 
Force Reserve on 27 Sep 65 in the grade of captain. 

A  Veterans  Affairs  (VA) rating, dated  30 Mar  92, reflects  that 
applicant  is  receiving  20%  disability  for  affective  disorder, 
bipolar  (10%) and residuals, arthrotomy, left knee  (10%) . 

AIR FORCE EVALUATION: 
The Noncommissioned  Officer  in Charge  (NCOIC) ,  PH Review Board, 
AFPC/DPPPRA, reviewed this application and indicated that, to be 
awarded the PH, a member must provide documentation to support he 
was  wounded  as  a  direct  result  of  enemy  action  and  must  have 
received  medical  treatment  by  medical  personnel. 
Applicant’s 
records and his  statement reflect he was  captured and held as a 
POW.  Medical  documents  recorded  do  not  support  his  claim.  VA 
medical documentation reflect what the applicant has reported to 
them. 
He  did  not  have  any  eyewitnesses  to  substantiate  his 
claim.  His  records  have  been  reviewed  by  the  PH  Review  Board 
(PHRB)  consisting  of  review by  a  senior master  sergeant,  chief 
master  sergeant, major  and the reviewing authority in the grade 
of colonel.  The  PHRB determined on 2 Feb  98 that the applicant 
did  not  have  sufficient  evidence  to  approve  award  of  the  PH. 
With  the above  information, DPPPRA must  recommend denial  of  the 
applicant’s request. 

A  complete  copy  of  the  Air  Force  evaluation  is  attached  at 
Exhibit C. 

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AFBCMR 96-03428 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

The  applicant  reviewed  the  Air  Force  evaluation  and  indicated 
that he  is extremely disappointed in DPPPRA' s recommendation to 
deny  his  application.  He  does  not  believe  his  statement  was 
given  the  proper  consideration  by  the  reviewing board.  While 
there  were  no  witnesses  available  to  document  his  claim, 
everything he  indicated did  in fact happen.  He also feels that 
the  provisions  of  Section  521  of  the  National  Defense 
Authorization Act  (NDAA) , which extended the eligibility for the 
award of the PH to former POWs that were held prior to 25 Apr  62 
and suffered injuries at the hands of their captors, has not been 
complied with. 

Applicant's  complete response is attached 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.  Sufficient  relevant  evidence  has  been  presented  to 
demonstrate  the  existence  of  probable  error  or  injustice. 
Although the applicant has not  substantiated that  the wounds  he 
received as a result of being a POW were medically treated at the 
time  they  were  incurred,  we  find  medical  treatment  was  an 
impossibility due to the circumstances of his being incarcerated. 
We do believe, however, that he suffered injuries at the hands of 
his captors.  Therefore, in order to offset any possibility of an 
injustice, we  are  persuaded  that  the  applicant  is  deserving  of 
the  award  of  the  PH  in  accordance  with  the  provisions  of  the 
National  Defense  Authorization  Act  of  1996. 
In  view  of  the 
foregoing,  we  recommend  his  records  be  corrected  as  indicated 
below. 

THE BOARD RECOMMENDS THAT: 

. 

The pertinent military records of the Department of the Air Force 
relating to APPLICANT, be  corrected to show that he was  awarded 
the PH  for wounds  as a  result of being  a  POW during  the period 
17 Dec 44 through Apr 45. 

The following members of the Board considered this application in 
Executive Session on 5 November 1998, under the provisions of AFI 
36-2603: 

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AFBCMR 96-03428 

Mr. David C. Van Gasbeck, Panel Chair 
Ms. Patricia D. Vestal, Member 
Mr. Edward H. Parker, Member 
Mrs. Joyce Earley, Examiner  (without vote) 

All  members  voted  to  correct  the  records, as  recommended.  The 
following documentary evidence was considered: 

Exhibit A.  DD Form 149, dated 2 May 95, w/atchs. 
Exhibit B.  Applicant's Master Personnel Records.. 
Exhibit C.  Letter, AFPC/DPPPRA, dated 3 Feb 98. 
Exhibit D.  Letter, AFBCMR, dated 23 Feb 98. 
Exhibit E.  Letter fr applicant, dated 10 Mar 98. 

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Chair 

I 

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DEPARTMENT OF THE AIR FORCE 

WASHINGTON, DC 

Office of the Assistant Secretary 
AFBCMR 96-03428 

MEMORANDUM FOR THE CHIEF OF STAFF 

Having received and considered the recommendation of the Air Force Board for Correction 
of Military Records and under the authority of Section 1552, Title 10, United States Code (70A 
Stat 116), it is directed that: 

records of the Department of the Air Force relating t 
orrected to show that he was awarded the Purple He&- 

risoner of War (POW) during the period  17 December 1944 through April 

1945. 

I  Air Force Review Boards Agency 

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