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
AF | BCMR | CY2004 | BC-2003-03304
_________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPPR recommends the application be denied and states, in part, that applicant has provided no medical evidence showing that he was injured while a POW, and there is no evidence in his military medical records to indicate he was injured while a POW. Additionally, in 1988, the Veterans Administration determined the evidence of record did not show right ankle or right knee injuries. ...
AF | BCMR | CY2004 | BC-2003-03192
He was awarded the Purple Heart (PH) on 8 April 1945, for wounds received in the ETO on 24 March 1945. The AFPC/DPPPR evaluation is at Exhibit D. _________________________________________________________________ APPLICANT’S REVIEW OF AIR FORCE EVALUATION: A complete copy of the Air Force evaluation was forwarded to the applicant on 19 March 2004 for review and response. The applicant was awarded the PH on 8 April 1945, for wounds he received during a forced aircraft bail out on 24 March 1945.
AF | BCMR | CY2003 | BC-2003-00533
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. _________________________________________________________________ RECOMMENDATION OF THE BOARD: A majority of the Board finds...
AF | BCMR | CY2004 | BC-2003-04015
After thoroughly reviewing the evidence of record and noting the statement from the former POW, the majority of the Board is not persuaded the applicant was wounded as a direct result of enemy action. The applicant is a former Army Air Corps B-17, Flying Fortress, navigator who seeks award of the Purple Heart (PH) for wounds received during a bombing mission over Berlin, Germany, on 20 February 1944. The majority of the panel finds insufficient evidence to demonstrate that he was injured...
AF | BCMR | CY2004 | BC-2004-01120
_________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPPR recommends denial of the applicant’s request for award of the PH medal. There is no evidence in the applicant’s records that he sustained injuries or beatings. After a thorough review of the applicant’s submission and the available evidence of record, the board was not persuaded that he should be awarded the Purple Heart Medal.
AF | BCMR | CY2006 | BC-2005-03788
Furthermore no evidence was found in the limited military records or in the applicant’s submission to verify he was wounded while being held as a POW. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and the recommendation of the Air Force and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or an injustice. White-Olson, Member The following documentary...
AF | BCMR | CY2002 | BC-2002-03059
The applicant is unable to provide any documentation showing that he received an injury as a direct result of enemy action that required medical treatment, that he received any medical treatment at the time or later, or an eyewitness account by an individual who witnessed the injury occur. He has provided seven excerpts from his VA medical records from 1988 that show he claimed injury to his left ankle. Exhibit E. Letter from Applicant, dated 29 Mar 03, w/atchs.
AF | BCMR | CY2003 | BC-2002-03059
The applicant is unable to provide any documentation showing that he received an injury as a direct result of enemy action that required medical treatment, that he received any medical treatment at the time or later, or an eyewitness account by an individual who witnessed the injury occur. He has provided seven excerpts from his VA medical records from 1988 that show he claimed injury to his left ankle. Exhibit E. Letter from Applicant, dated 29 Mar 03, w/atchs.
AF | BCMR | CY2004 | BC-2004-00644
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-00644 INDEX CODE: 107.00 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Distinguished Flying Cross (DFC) and an Oak Leaf Cluster to the Purple Heart (PH) Medal. There is no evidence in his records of a recommendation for award of the DFC. Military Personnel Record Exhibit C. Letter,...
AF | BCMR | CY2004 | BC-2002-03224
_________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPPR recommends denial of the applicant’s request for award of the PH medal. AFPC/DPPPR recommends denial of the applicant’s request for award of the PH medal. The applicant has not provided any documentation or corroborating evidence that he suffered any injuries or wounds while a POW in Germany.