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AF | BCMR | CY2004 | BC-2003-03192
Original file (BC-2003-03192.doc) Auto-classification: Denied

                            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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