RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-03085
INDEX CODE: 107.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH) Medal.
_________________________________________________________________
APPLICANT CONTENDS THAT:
On 20 December 1943, the applicant sustained frostbite to his feet when he
was shot down and crashed landed in the North Sea.
Applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Portions of the applicant's military personnel records were destroyed by
fire in 1973 at the National Personnel Record Center (NPRC) in St. Louis,
Missouri. The available records indicate the following.
On 14 August 1943, the applicant enlisted in the Army Air Corps.
A Report of Physical Examination, WDAGO Form 63, Item 12, Medical History
indicates pneumonia existed prior to service, no other significant
pathology. No history of malaria, syphilis, or dysentery; Item 40 Bones,
Joints Muscles: Normal; Item 41, Feet: Normal.
On 30 October 1945, the applicant was honorably released in the grade of
second lieutenant, under the provisions of RR 1-5 Demobilization. He
served 2 years, 2 months, and 16 days of total active duty service.
The applicant’s DD Form 214 reflects he received the European African
Middle Eastern Theater Campaign Ribbon.
A Veterans Administration Clinical Record, Neuropsychiatric Examination,
dated 24 June 1947, indicated the applicant was a quiet, peaceful, well
dressed and clean appearing young man who showed some state of tension and
anxiety about his health. He was rather shy, timid and a conscientious
young man presenting numerous somatic morbidities which he traced to his
experience as a Prisoner of War (POW) in Germany. His cooperation was good
and he freely discussed various phases of his experience as a prisoner in
the hands of the Germans and treatment he received for his gastro-
intestinal complaints. His answers were prompt, relevant and coherent.
The applicant indicated “I was overseas and I was taken 20 December 1943
and kept prisoner until liberated on 2 May 1945. It was on my second
mission when we were shot over in North Sea and fell in the ocean and we
were picked up by the Germans after he had drifted for about a hour towards
the shore. My radio operator was killed in the air by the German fighter.
I have trouble with my stomach. I get cramps in the stomach and I get
attacks of diarrhea. I get nauseated. I started having that trouble when
I was in prison camp in Germany. The big toe in my right foot also
occasionally bothers me. I sustained a frozen toe when I was taken
prisoner.” The report further indicated there was no disorganization in
the content of thought. The applicant’s memory was clear. There was no
disorder in his attention. No intellectual impairment found. He was well
informed on all subjects. No disturbances noted in his insight and
judgment. He was apparently making satisfactory social and industrial
adjustment. He was diagnosed with anxiety neurosis.
A Veterans Administration Award of Disability Compensation or Pension Form,
dated 3 September 1947, indicates the applicant as of 30 October 1945 was
awarded compensation in the amount of $13.80 monthly from 25 April 1947 due
to disability (Nervous Condition) resulting from and incurred or aggravated
during his World War II Service.
A Veterans Administration Clinic Record, Neuropsychiatric Examination,
dated 15 June 1950 indicated the applicant was shot down on his second
mission over the North Sea and was a POW from December 1943 to May 1945 in
Germany. When questioned about his health he stated it is not too bad. He
occasionally had headaches. When the headaches were severe he would take
aspirin. He was bothered by chronic constipation with occasional episodes
of diarrhea. The episodes of diarrhea occurred every two weeks. He did
not fall asleep easily but slept well after he did go to sleep. He gets
along well with people and was not excitable or irritable. His legs were
somewhat tired when he walked. The examination revealed the applicant’s
speech was spontaneous, coherent and relevant. His insight and judgment
were normal. His memory good and he did not seem nervous or tense. He was
making a good social and economic adjustment. He was diagnosed with
anxiety reaction, chronic, mild, manifested by occasional headaches, some
insomnia, and recurrent diarrhea.
A Veterans Administration letter from the Adjudication Officer, dated 13
July 1950, indicated the applicant would continue to receive monthly
compensation payments in the amount of $15.00 as long as the status of his
case remained unchanged.
EXAMINER NOTE: The applicant claims he was a POW; however, there is no
evidence of POW status in his military records.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPR recommended denial indicating they were unable to find evidence
that his injury was a direct result of enemy action or that he was treated
by medical authorities; therefore, his request does not meet the criteria
for award of the PH. Not all service connected conditions were caused by
the enemy.
The evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 17 December 2004, a copy of the Air Force evaluation was forwarded to
the applicant for review and response within 30 days. 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 an error or an injustice. The applicant’s contentions are
duly noted; however, after thoroughly reviewing the applicant’s submission,
the Board is not persuaded he should be awarded the Purple Heart Medal.
The PH is awarded for wounds received as a direct result of enemy action
and must have received medical treatment by medical personnel. We note
portions of the applicant’s service records were destroyed by fire in 1973
at the NPRC. As a result, there is no information in the available records
to substantiate he had been injured as a direct result of enemy action or
that he was a POW. 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, insufficient documentary evidence has been
presented to warrant awarding him the Purple Heart. Therefore, in the
absence of evidence to the contrary, we find no compelling basis to
recommend granting the relief sought.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not demonstrate the
existence of an error or an injustice; the application was denied without a
personal appearance; and 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-2004-
03085 in Executive Session on 25 January 2005, under the provisions of AFI
36-2603:
Ms. Peggy E. Gordon, Panel Chair
Ms. Renee M. Collier, Member
Mr. Patrick C. Daugherty, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 27 September 2004.
Exhibit B. Available Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPR, undated.
Exhibit D. Letter, SAF/MRBR, dated 17 December 2004.
PEGGY E. GORDON
Panel Chair
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