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AF | BCMR | CY2003 | BC-2003-01716
Original file (BC-2003-01716.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01716
                       INDEX CODE:  107.00
                       COUNSEL:  None

                       HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect he received an Oak Leaf Cluster to
the Purple Heart (PH) for being a prisoner of war (POW).
_________________________________________________________________

APPLICANT CONTENDS THAT:

He was tortured as a POW in Germany for 11 months  and  suffered  from
frostbite, bayonet wounds, dog  bites,  malnutrition  and  many  other
reasons.

Applicant's complete submission,  with  attachments,  is  attached  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s military records were destroyed in the 1973  fire  at  the
National Personnel Records Center (NPRC).

The available records reveal that the applicant served on active  duty
from 28 January 1943  to  October  1945.   He  had  an  overseas  tour
beginning on 21 January 1944.  He was shot down and was a POW  from  6
June 1944 to 28 April 1945 and was returned to the United States on 14
May 1945.  The applicant received a PH for injuries he sustained on 24
May 1944.  His records reflect he was  awarded  the  European-African-
Middle Eastern Campaign Medal with one Bronze Service Star (BSS),  Air
Medal (AM) with one Silver Oak Leaf Cluster (OLC), the  Purple  Heart,
American Campaign Medal, World War  II  Victory  Medal,  and  the  POW
Medal.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR, on 21 July 2003,  informed  the  applicant  that  while
Section 521 of the National Defense Authorization Act (NDAA)  of  1996
authorized award of  the  Purple  Heart  to  servicemembers  who  were
injured as a POW, the basic criteria for award of the PH must be  met.
Such request must include a detailed personal account, medical records
showing the injuries were treated and an eyewitness account  that  the
servicemember was wounded by  his  captors.   The  applicant  did  not
respond.

DPPPR further states the applicant has not provided any  documentation
to show he was injured or wounded as a result of enemy action while he
was a POW.  Without documentation showing the  applicant  incurred  an
injury or wound as a result of enemy action  as  a  POW,  they  cannot
verify his eligibility for award of the PH.  Based on the  information
provided, DPPPR recommends denying the applicant's request.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
19 September 2003, for review and  response.   As  of  this  date,  no
response has been received by this office.

_________________________________________________________________

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.   Although  the  1996   NDAA
authorized the award of the PH for servicemembers who were injured  or
wounded while in POW status, it was  still  required  that  the  basic
criteria for the award be met.  The applicant has  not  submitted  any
documents to support that he was injured or  wounded  by  his  captors
while he was a POW.  Without documentation that the applicant received
injuries or was wounded by his captors while he was a  POW  which  met
the criteria for award of the PH, the applicant’s eligibility for  the
award  cannot  be  verified.   While   we   are   not   unmindful   or
unappreciative of the  applicant’s  service  to  his  Nation,  in  the
absence of the evidence substantiating the applicant was injured as  a
direct result of  enemy  action  while  he  was  a  POW,  we  find  no
compelling basis to recommend  granting  the  relief  sought  in  this
application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of material error  or  injustice;  that  the
application was denied without a personal  appearance;  and  that  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-
2003-01716  in  Executive  Session  on  21  October  2003,  under  the
provisions of AFI 36-2603:

                 Ms. Olga M. Crerar, Panel Chair
                 Mr. Roscoe Hinton, Jr., Member
                 Ms. Kathleen F. Graham, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 2 Jan 03, w/atchs.
      Exhibit B. Available Military Personnel Records.
      Exhibit C. Letter, HQ AFPC/DPPPR, dated 15 Sep 03.
      Exhibit D. Letter, SAF/MRBR, dated 19 Sep 03.




                             OLGA M. CRERAR
                             Panel Chair

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