RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 00-02119
INDEX CODE: 107.00
COUNSEL: Military Order of the
Purple Heart (MOPH)
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH) medal for injuries sustained while a
Prisoner of War (POW) in Germany.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His plane was shot down over Germany on 22 Feb 45. On or about 10 Apr 45,
he suffered shrapnel wounds while on a forced march in Germany as a POW.
In support of his request, applicant submits a personal statement, copies
of documents from the Department of Veterans Affairs (DVA) and letters from
counsel and the Department of the Army (Exhibit A).
_________________________________________________________________
STATEMENT OF FACTS:
The applicant’s WD AGO Form 53-55, Enlisted Record and Report of
Separation, reveals that the applicant served on active duty during the
period 24 Jul 43 - 26 Oct 45, with an overseas tour in Europe during the
period of 18 Oct 44 - 28 May 45. The applicant received the European-
African-Middle Eastern Service Medal with 3 bronze stars and the Air Medal
with 3 oak leaf clusters.
The applicant’s case file reveals that the Director, Personnel
Accountability, HQ AFPC/DPW, requested the applicant’s discharge document
be corrected to reflect he was a POW from 22 Feb 45 to 29 Apr 45. In
addition, it was noted that the Prisoner of War (POW) medal was missing
from the applicant’s discharge document. The aforementioned will be
administratively corrected by HQ AFPC.
_________________________________________________________________
AIR FORCE EVALUATION:
The Recognition Programs Branch, HQ AFPC/DPPPR, stated that the applicant’s
request for award of the Purple Heart (PH) medal was forwarded to the
Purple Heart Review Board (PHRB) on 4 Jan 00. The PHRB determined the
applicant did not have sufficient documentation to approve the PH. The
only supporting documentation to any injuries was statements reflected by
the applicant’s personal accounts, which conflict with VA medical
documentation. DPPPR found no evidence in the applicant’s medical or
personnel records provided that he had been injured by the enemy.
Therefore, DPPPR recommended the applicant’s most recent request for award
of the PH be denied. A complete copy of this evaluation is appended at
Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant and counsel
on 16 February 2001 for review and response. 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. Sufficient relevant evidence has been presented to demonstrate the
existence of probable error or injustice warranting favorable action on the
applicant’s request for award of the Purple Heart. Available records
verify that the applicant was a Prisoner of War (POW) from 22 Feb 45 to 29
Apr 45. In this respect, the Board was persuaded by the applicant’s
account of events resulting in his injuries. While evidence in the
available record is not conclusive regarding the source of the applicant’s
injuries, the Board believes that it is plausible the injuries the
applicant did sustain during a forced march in Germany were the result of
friendly fire and that any doubt should be resolved in the applicant’s
favor. Accordingly, we recommend that the 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 Purple Heart for
injuries sustained by friendly fire during a forced march in Germany as a
Prisoner of War (POW) in 1945.
_________________________________________________________________
The following members of the Board considered this application in Executive
Session on 28 March 2001, under the provisions of AFI 36-2603:
Mr. David C. Van Gasbeck, Panel Chair
Mr. Robert S. Boyd, Member
Mr. Edward H. Parker, Member
All members voted to correct the records, as recommended. The following
documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 Jan 00, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPPR, dated 31 Jan 01.
Exhibit D. Letters, SAF/MIBR, dated 16 Feb 01.
DAVID C. VAN GASBECK
Panel Chair
AFBCMR 00-02119
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:
The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected to show that he was awarded the Purple
Heart for injuries sustained by friendly fire during a forced march in
Germany as a Prisoner of War (POW) in 1945.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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