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AF | BCMR | CY2005 | BC-2004-03085
Original file (BC-2004-03085.doc) Auto-classification: Denied

                            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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