RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-03192
INDEX NUMBER: 100.00
XXXXXXX COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded an oak leaf cluster to the Purple Heart (PH) for wounds he
received while interned as a Prisoner-of-War (POW).
_________________________________________________________________
THE APPLICANT CONTENDS THAT:
He was a POW from 24 March 1945 to 30 March 1945.
In support of the appeal, applicant submits extracts from his Department of
Veterans Affairs (DVA) records, a copy of his unit history, and his
personal statement.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is a retired Air Force major who served in the Army Air Corps
as a navigator from 4 December 1943 to 26 September 1947, at which time he
was transferred to the Regular Air Force. He served in the European
Theater of Operations (ETO) from September 1944 to March 1945, as a C-47
navigator. He was awarded the Purple Heart (PH) on 8 April 1945, for
wounds received in the ETO on 24 March 1945.
In a DD Form 2510, Prisoner-of-War (POW) Medal Application/Information,
dated 25 March 1988, the applicant indicated that he was interned in a
German Hospital at Velen, Germany, from 24 March 1945 to 30 March 1945, and
never got to a Stalag. He was approved for award of the POW medal on
7 September 1988.
The PH is awarded for wounds received as a direct result of enemy actions
(i.e., gunshot or shrapnel wounds, hand-to-hand combat wounds, forced
aircraft bail out injuries, etc.). A recent change now extends the
eligibility for award of the PH to former prisoners of war (POW) that were
held prior to 25 April 1962 and suffered wounds or injuries at the hands of
their captors. In addition, it is necessary the wound required or received
treatment by medical personnel. Indirect injuries do not meet the criteria
for award of the PH.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPR recommends the application be denied and states, in part, that
there is no medical documentation in the applicant’s military personnel
records, nor has he provided an eyewitness statement to indicate that he
was injured as a POW. He received the PH for wounds he received in March
1945, when he had to bail out of his aircraft.
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. However, as of this date, this
office has received no response.
_________________________________________________________________
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 evidence
of record and noting the applicant’s contentions, we are not persuaded that
he has been the victim of an error or injustice. In this respect, we note
the Purple Heart (PH) is awarded for wounds received as a direct result of
enemy actions (i.e., gunshot or shrapnel wounds, hand-to-hand combat
wounds, forced aircraft bail out injuries, etc.). In addition, the PH may
be awarded to former prisoners of war (POWs) that were held prior to 25
April 1962 and suffered wounds or injuries at the hands of their captors.
The applicant was awarded the PH on 8 April 1945, for wounds he received
during a forced aircraft bail out on 24 March 1945. The personal sacrifice
he endured for his country is noted and our decision in no way diminishes
the high regard we have for his service; however, insufficient documentary
evidence has been presented to demonstrate that he suffered wounds or
injuries at the hands of his captors while a POW. Therefore, in the
absence of evidence to the contrary, we find no compelling basis to award
him an additional PH.
_________________________________________________________________
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 Docket Number BC-2003-03192
in Executive Session on 14 April 2004, under the provisions of AFI 36-2603:
Mr. Roscoe Hinton, Jr., Panel Chair
Ms. Kathy L. Boockholdt, Member
Mr. Michael J. Novel, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 17 Sep 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPR, undated.
Exhibit D. Letter, SAF/MRBR, dated 19 Mar 04.
ROSCOE HINTON, JR.
Panel Chair
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