RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2003-04015
            INDEX NUMBER: 107.00

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH).

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

He was wounded in the left leg on 20 February 1944, when he  was  shot  down
over Kindlebrock, Germany.  He was immediately captured by the  German  Army
and interned as a Prisoner-of-War (POW) in Stalag Luft I in Barth,  Germany,
for 14 months.  His wound did not receive any  medical  treatment  while  he
was a POW; it began to swell up and he had difficulty  walking  for  the  14
months he held as a POW.  The  Department  of  Veterans  Affairs  (DVA)  has
awarded him compensation for injuries that were the direct result  of  being
shot down.

In support of the appeal, applicant submits a copy of a DVA rating  decision
for his left ankle and a statement from a fellow former POW.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is a former member of the Army Air Corps.   During  a  bombing
mission over Berlin, Germany, on 20 February 1944,  his  aircraft  was  shot
down and he was forced to bail out.  From 20 February 1944 to  1  May  1945,
he was interned as a POW of the German Army.

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 POWs that were held  prior  to  25
April 1962 and suffered wounds or injuries at the hands  of  their  captors.
In addition, it is necessary  that  the  wound  have  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
applicant’s military medical records and  DVA  records  do  not  prove  that
enemy action was involved in his injury.  In addition, the  former  POW  who
has provided a statement in the applicant’s behalf was not an eyewitness  to
applicant’s parachute landing.

The AFPC/DPPPR evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to  the  applicant
on 23 April 2004 for review and response within 30  days.   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 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 personal sacrifice the applicant endured for his  country
is noted and our decision in no way diminishes the high regard we  have  for
his  service;  however,  the  majority  of  the  Board  finds   insufficient
documentary evidence has been presented to warrant awarding him  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:

The majority of the panel finds insufficient evidence of error or  injustice
and recommends the application be denied.

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2003-04015
in Executive Session on 10 June 2004, under the provisions of AFI 36-2603:

                       Ms. Brenda L. Romine, Panel Chair
                       Ms. Deborah A. Erickson, Member
                       Mr. Christopher D. Carey, Member

By a majority vote, the members voted to deny the request.  Mr. Carey  voted
to correct the record and  has  submitted  a  minority  report  that  is  at
Exhibit E.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 3 Oct 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 16 Apr 04.
    Exhibit D.  Letter, SAF/MRBR, dated 23 Apr 04.
    Exhibit E.  Minority Report.




                                             BRENDA L. ROMINE
                                   Panel Chair


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

SUBJECT:  XXXXXXX, Docket No:  BC-2003-04015

      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 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.  On
that date, his aircraft was shot down and he injured his leg during the
forced bailout.

      The majority of the panel finds insufficient evidence to demonstrate
that he was injured as a direct result of enemy action, noting that at the
time of his separation he noted no lasting injuries.  I note, however, that
had he been shot down over allied occupied Europe and been able to seek
medical attention for his injuries, he would have been awarded the Purple
Heart.  However, he was shot down deep within enemy territory, captured by
the German army, and interned as a Prisoner-of-War (POW) for almost 15
months.  Despite the fact that he received no medical treatment for his
injuries while a POW, by the time he was repatriated to the control of
allied forces, his wounds had sufficiently healed and as a result, upon his
separation, he reported no lasting injuries.

      In consideration of the evidence presented in support of this
appeal, I find he has established that his injuries were the direct
result of enemy action and would have required medical treatment.  Based
on the totality of the evidence presented, I believe the interest of
justice can best be served by resolving this issue in favor of this 83-
year-old World War II veteran and former POW.  Therefore, I direct that
his request be approved.







                                                                        JOE
G. LINEBERGER

Director
                                                                        Air
Force Review Boards Agency
AFBCMR BC-2003-04015




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 XXXXXXX, XXXXXXX, be corrected to show that he was awarded the
Purple Heart for injuries received in action against an enemy of the United
States during a mission over Berlin, Germany, on 20 February 1944.






                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency



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

SUBJECT:  XXXXXXX, SSAN: XXXXXXX, DOCKET NO: BC-2003-04015

      The applicant retired as a major from the Air Force.  While serving as
a lieutenant during World War II, the aircraft on which he was a navigator
was shot down over Germany.  He claims to have injured his leg in the
parachute drop from the downed plane and on that basis claims entitlement
to the Purple Heart.

      AFPC and the majority of the board state that his request should be
denied.  I believe the claim should be granted, because I believe that, as
applied, the rules render it impossible for many deserving veterans like
Major Austin to receive the Purple Heart they deserve.  AFPC’s
interpretation of the relevant regulations leads to a callous refusal to
give similarly situated veterans their just recognition.  Adoption of this
interpretation by the Air Force Board for Correction of Military Records
(AFBCMR) flies in the face of the very purpose of the AFBCMR.

      The applicant is caught in a Catch-22.  There is no question that had
he returned to safe soil and been able to seek medical attention for any
injuries suffered as a result of being shot from the sky, he would qualify
for award of the Purple Heart.  However, applicant was captured by the
Nazis, who were notoriously brutal to their prisoners, and held against his
will for almost 15 months.  His period of captivity proved sufficient to
heal any wounds he suffered as a result of the shoot down.  Therefore, he
reported no lasting injuries and that fact is documented in his records.
That documentation is cited as support for denial of the claim.  Thus, if
the claim of the applicant is believed (as discussed below, I believe we
must believe applicant in this situation), it can only be concluded that
his status as a Prisoner of War (POW) prevents him from receiving his just
recognition.


      That clearly is not the intent.  In fact, the rigid requirements
necessary to demonstrate qualifications for the Purple Heart have been
loosened for the case of POWs who demonstrate injuries suffered at the
hands of their captors.  Such a demonstration requires a statement by one
who witnessed the injury.  The applicant submits a statement from a fellow
POW who observed the applicant limping from an unknown cause and states
that applicant also appeared to have suffered some weather-related injuries
to the hand as a result of being held in captivity.  Because applicant did
not request a Purple Heart for frostbite or similar injuries, that
unsolicited witness testimony is disregarded.


      Because the witness did not actually observe the plane being shot from
the sky or the applicant’s subsequent hard landing, this testimony is
deemed insufficient to conclude that he was injured as a result of enemy
action.  Such a position is ludicrous and seems motivated by a desire to
deny the requested relief regardless of merit.  Apparently, if applicant
was able to provide a witness statement from someone who actually saw him
hit the ground that would have been sufficient.  Unfortunately, other than
his Nazi captors, the only people in a position to witness his injury were
either killed or had other things on their mind as they parachuted to the
ground and into certain captivity, themselves.


      I note that instead of providing the witness statement that was found
to be unreliable, applicant could have paid a medical professional to
examine him and conclude that he should have been seen by a doctor back
when the injury occurred.  Other than encouraging our veterans to spend
their money for unnecessary medical examinations, this requirement seems to
serve very little purpose.  It is not clear to me why the opinion of a
person paid to render an opinion based on a sixty year old event is more
credible than the account of two honorable veterans based on their first
hand recollection.


      I have reviewed several requests for Purple Heart consideration from
former POWs and find that the Air Force too readily places the burden of
proof—a burden that is often impossible to bear--on the applicants of these
types of claims.  I suggest that AFPC and the AFBCMR members be instructed
to apply the full measure of common sense that the governing laws and
regulations allow.  Otherwise, we will be further punishing our veterans
during the very last years of their lives.




                                        CHRISTOPHER D. CAREY
                                        Panel Member