RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2003-00533

            COUNSEL:  NY DVA

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH).

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

He should be awarded the PH for wounds he received when he was  beaten  with
a rifle butt on his lower back by German soldiers  while  a  Prisoner-of-War
(POW).  He is receiving  a  20%  disability  compensation  rating  from  the
Department of Veterans Affairs (DVA) for the injury to his lower back.

In support of the appeal, the applicant submits  a  copy  of  a  DVA  rating
decision.

Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

The applicant is a former member of the Army Air Corps who served on  active
duty from 24 August 1943 though 6 November 1945, as a  B-24  aerial  gunner.
From 12 July 1944 through 14 June 1945, he participated in the Normandy  and
Northern France campaigns in the European Theatre of Operations.

In a Prisoner of  War  (POW)  Medal  Application/Information,  dated  3 June
1988, the applicant indicated that he was interned  in  many  places  during
the period 13 August 1944; in Stalag Luft IV from  9 September  1944  to  27
February 1945; and in Stalag Luft I from 27 February 1945 to 10 May 1945.

On 27 February 2002,  the  DVA  awarded  him  a  combined  service-connected
disability rating of 40% for Post Traumatic Stress Disorder (PTSD) rated  at
30% and PTSD Degenerative Disease Lumbosacral Spine (POW/3)  rated  at  20%.
The DVA also rated the following conditions as not service-connected  (World
War II):  presbyopia (farsightedness), hearing loss,  residuals  diphtheria,
residuals frostbite feet, residuals malnutrition, and nervous condition.

On 10 June 2003, applicant’s WD AGO Form 53-55, Enlisted Record  and  Report
of Separation, issued in conjunction  with  his  honorable  discharge  on  6
November 1945, was administratively corrected to include  “Prisoner  of  War
(Stalag Luft IV, Germany 13 August 1944 - 5 January 1945.”

The PH is awarded for wounds received as a direct  result  of  enemy  action
(i.e., gunshot  or  shrapnel  wounds,  hand-to-hand  combat  wounds,  forced
aircraft bail out injuries, etc.) that required  or  received  treatment  by
medical personnel.  In 1996, changes  were  implemented  which  extends  the
eligibility to former POWs that  were  held  prior  to  25  April  1962  and
suffered wounds or injuries at the hands of their captors.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends the application be denied and states,  in  part,  that
the applicant’s case met the Purple Heart Review Board  (PHRB).   While  the
PHRB agreed that he was a POW, no documentation existed to support  that  he
was beaten, or that he required medical treatment for  injuries.  Therefore,
the PHRB denied his request.  They notified the applicant  of  the  criteria
for the PH and requested  that  he  provide  additional  information,  which
would substantiate his request.

The AFPC/DPPPR evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

He did suffer the atrocity of beatings to his lower  back  while  a  POW  at
Stalag Luft IV and the DVA  has  determined  his  lower  back  condition  is
service-connected for the injury received while a POW.  As such,  it  proves
that the injury was traumatic.

In further support of the appeal, the applicant submits a statement  from  a
fellow former POW from Stalag Luft IV.

Counsel’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 error or injustice.  After thoroughly reviewing  the  available
evidence of record and noting the applicant’s  contentions,  a  majority  of
the Board is not persuaded that his  injuries  meet  the  criteria  for  the
Purple Heart (PH).  In this respect, a majority of the Board notes that  the
applicant was a POW of the German government from 13 August 1944  to  10 May
1945.  The applicant contends that during his internment, he was  beaten  by
a German soldier who used the butt of his rifle to strike  his  lower  back.
In support of  his  appeal,  he  submits  a  statement  from  a  former  POW
attesting to the great hardships they endured while a POW and copies of  his
DVA records.  However, a majority of the Board finds that the  former  POW’s
statement lacks any specific details regarding the incident  alluded  to  by
the applicant, and that his DVA records do  not  substantiate  that  he  was
injured as a direct result of enemy  action.   The  personal  sacrifice  the
applicant endured for his country is noted and the majority of  the  Board’s
decision in no way diminishes the high  regard  we  have  for  his  service;
however, we find insufficient documentary evidence warranting award  of  the
Purple Heart.  Therefore, in the absence of  evidence  to  the  contrary,  a
majority of the Board finds no compelling basis to  recommend  granting  the
relief sought in this application.

_________________________________________________________________

RECOMMENDATION OF THE BOARD:

A majority of the Board finds insufficient evidence of  error  or  injustice
and recommends the application be denied.

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2003-00533
in Executive Session on 21 August 2003, under  the  provisions  of  AFI  36-
2603:

                       Ms. Patricia D. Vestal, Panel Chair
                       Ms. Martha J. Evans, Member
                       Mr. E. David Hoard, Member

By majority vote, the Board recommended  denial  of  the  application.   Ms.
Evans voted to correct the records  and  has  submitted  a  minority  report
which is attached at Exhibit F.   The  following  documentary  evidence  was
considered:

    Exhibit A.  DD Form 149, dated 7 Feb 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 6 Jun 03, w/atchs.


    Exhibit D.  Letter, SAF/MRBR, dated 17 Jun 03.
    Exhibit E.  Letter, DVA, dated 24 Jun 03, w/atchs.
    Exhibit F.  Letter, Minority Report.




                                   PATRICIA D. VESTAL
                                   Panel Chair





MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR
                     CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT: APPLICANT

      The majority of the Board recommends denial of the applicant’s
request to be awarded the Purple Heart (PH) on the basis that insufficient
documentary evidence has been presented to substantiate that he was beaten
by German soldiers while a prisoner-of-war (POW), or that his injuries
required medical treatment.  I disagree.

      The evidence of record indicates that the applicant was a POW of the
German government from 13 August 1944 to 10 May 1945.  Furthermore, the
statement from a former POW corroborates the applicant’s recollection of
the events as being true and correct.  In addition, his Department of
Veteran Affairs (DVA) records indicate that he has post-traumatic
degenerate joint disease lumbosacral spine, and residuals of diphthereia,
frostbite, malnutrition and a nervous condition.  More importantly, in the
absence of a reasonable basis to question the integrity of this 81-year-old
World War II veteran, I believe it would be an injustice to deny him the
requested relief.

      In view of the above, I find that the applicant has satisfied his
burden to show there has been an error or injustice.  Therefore, based on a
totality of the evidence presented, I believe the interest of justice can
best be served by resolving this issue in the applicant’s behalf.



                                        MARTHA J. EVANS
                                        Panel Member




MEMORANDUM FOR THE     EXECUTIVE DIRECTOR, AIR FORCE BOARD    FOR
                       CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  APPLICANT

      I have carefully considered all the circumstances of this case and do
not agree with the majority members of the panel that the applicant’s
request should be denied.

      The majority of the panel found that the documentation submitted by
the applicant lacked any specific details regarding the incident to which
eluded, and that his Department of Veterans Affairs records do not
substantiate that he was injured as a direct result of enemy action.

      The applicant’s military records indicate that he was a Prisoner-of-
War (POW) of the German government from 13 August 1944 to 10 May 1945, to
include internment in Stalag Luft IV from 13 August 1944 to 5 January
1945.  The applicant contends that during his internment, he was beaten
by a German soldier who used the butt of his rifle to strike his lower
back and provides a statement from a fellow former POW from Stalag Luft
IV in support of this contention.  While the majority of the panel finds
this statement lacking any specificity regarding the incident, I agree
with the minority member that the statement corroborates the applicant’s
recollection of the events as being true and correct.  In addition, the
applicant’s Department of Veteran Affairs (DVA) records indicate that he
has post-traumatic degenerate joint disease Lumbosacral spine, and
residuals of diphtheria, frostbite, malnutrition and a nervous condition
as a result of his internment.  I also recognize that in 1945, he was
still interned at Stalag Luft IV, when thousands of American POWs
interned there were marched 600 miles in 86 days during one of the
cruelest winters of record.  In February 1996, changes were implented to
the Purple Heart criteria; whereby, eligibility was extended to former
POWs that were held prior to 25 April 1962 and suffered wounds or
injuries at the hand of their captors.  Clearly, the applicant’s case is
one of those intended in the change.  In consideration of this, and the
evidence presented in support of this appeal, I find he has established a
reasonable doubt that his injuries were the direct result of enemy
action.  Based on the totality of the evidence presented, I believe the
interest of justice can best be served by resolving the benefit of the
doubt in favor of this 81-year-old World War II veteran.  Therefore, I
direct that his request be approved.






                                       JOE G. LINEBERGER
                                       Director
                                       Air Force Review Boards Agency



AFBCMR BC-2003-00533




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 received while a Prisoner-of-War of an enemy of the
United States in Germany in August 1944.








JOE G. LINEBERGER

Director

Air Force Review Boards Agency