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AF | BCMR | CY2005 | BC-2005-00705
Original file (BC-2005-00705.doc) Auto-classification: Denied




                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00705
            INDEX CODE:  107.00
            COUNSEL:  None

            HEARING DESIRED:  No

MANDATORY CASE COMPLETION DATE:  2 Sep 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be  awarded  the  Purple  Heart  (PH)  based  on  suffering  combat
exhaustion, temporary loss  of  memory,  and  nightmares  [i.e.,  Post
Traumatic Stress Disorder (PTSD)] after his aircraft was shot down  on
25 Jul 43 during World War II (WWII).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was grounded for six months and never returned to flight  duty  due
to trauma caused by three forced landings.  His plane  was  shot  down
during a bombing run over Germany on 26 Jul 43 and he was  missing-in-
action (MIA) for 10 hours.  He believes he is eligible for  the  medal
based on changes by the Army in the PH criteria.

The applicant provides an extract purported to be  a  history  of  the
94th Bombardier Group (94BG).  On 26 Jul 43, the 94BG was  to  bomb  a
rubber factory in Hanover, Germany.  The applicant, a bombardier,  was
with a crew of the 332nd Bombardier Squadron (332BS).  This was  their
fifth mission and the applicant’s third.  Their  aircraft  received  a
direct flak hit in the number one engine,  causing  the  propeller  to
fall away.  The right wing was also badly damaged.  As their B-17 fell
behind heading for the North Sea, they were attacked by fighters.  The
crew returned fire.  The copilot and the navigator were  wounded,  the
number two engine was damaged and the fuel tanks were  ruptured.   The
aircraft hit the water but the crew survived.   About  an  hour  after
ditching, they were rescued by a British rescue boat.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant first submitted his appeal for the PH to the Army  Board
for Correction of Military Records (ABCMR) on 20 Feb 04.  However,  on
17 Feb 05, the ABCMR forwarded the application  to  the  AFBCMR  as  a
matter coming under the Air Force’s jurisdiction because the applicant
served with the Army Air Force during WWII.

On 28 Feb 05, SAF/MRBR, the AFBCMR  intake  office  at  Randolph  AFB,
received the applicant’s appeal.  On 12 May 05, SAF/MRBR  advised  the
applicant that they had requested,  but  had  not  yet  received,  his
service medical record (SMR) from the Department of  Veterans  Affairs
(DVA). SAF/MRBR requested the  applicant  provide  information  as  to
whether he had a claim pending before the DVA, as  his  appeal  before
the AFBCMR could not be processed without reviewing his  SMR.   In  an
undated letter, the applicant provided copies of records  he  believed
were pertinent to his request.

The following information was extracted from the applicant’s available
military personnel records  (Exhibit  B)  and  official  documents  he
submitted with his appeal (Exhibit A).

On 29 May 41, the applicant enlisted as  an  aviation  cadet  and  was
honorably discharged on 12 Feb 43 to accept a commission.

He was appointed a 2nd lieutenant (2LT) and entered active duty as a B-
17 bombardier on 13 Feb 43.  He was deployed to the  European  Theater
of Operations with the 322BS, 94BG, England, on  18 May  43,  and  was
returned to the US on 26 Mar 45.  On  26 May  45,  the  applicant  was
physically disqualified for all flying duty.

The applicant was relieved from active duty due to  demobilization  on
15 Dec 46.  His Report of Separation, WD AGO Form 53-98, indicated  he
participated  in  the  following  battles/campaigns:   Air   Offensive
Europe, Normandy, Northern France, and Ardennes.  He was  awarded  the
Distinguished Unit Badge, the European Theater Medal with four  Battle
Stars, the WWII Victory Medal, and the American  Theater  Medal.   His
Separation Qualification Record indicated that, as  a  bombardier,  he
flew eight missions in combat against  strategic  targets  in  France,
Germany, and Norway.  He logged 300 hours flying  time,  including  80
hours combat time in B-17 type aircraft.   As  an  intelligence  staff
officer, he lectured on  escape  and  evasion  activities  in  Europe,
performed briefing duties,  and  was  active  in  counter-intelligence
activities.

On 3 Jan 47, the applicant  enlisted  with  the  Counter  Intelligence
Corps (CIC) and served in the  grade  of  master  sergeant  as  a  CIC
investigator in Germany.

A 6 Feb 47 letter to the Officers’ Records Branch in  Washington,  DC,
requested the applicant’s enlistment exam and  all  available  medical
records, “including those covering combat fatigue treatments in August
1943 at the 4th Evacuation Hospital, England and those covering combat
fatigue and  back  injury  May  through  August  1945  at  Ft.  Thomas
Convalescent, Kentucky” be  forwarded  to  the  regional  adjudication
officer for the Army Separation Center.  This  appears  to  have  been
prompted by the applicant’s application for a pension or  compensation
for disability resulting from active military service.   He  indicated
on his claim that he  suffered  combat  fatigue  in  Aug  43  and  was
hospitalized on two occasions and injured his back in  Feb  43,  which
occasionally recurred as an ache in his back and legs.

On 24 Aug 48, the applicant was honorably discharged from the  CIC  to
accept an appointment as a warrant officer, junior  grade  (WOJG),  on
extended active duty in the Army on 25 Aug 48.  In his application for
extended active duty, he indicated he  was  hospitalized  after  being
shot down in the North Sea and later rescued from a rubber life  boat,
and that he was suspended from all flying duty as a result of this and
subsequent combat experiences.  On 20 Feb 51,  he  was  released  from
active duty to accept an appointment as a 1LT in the  Army  on  21 Feb
51.  He continued his  career  as  an  investigator  and  intelligence
research officer.

On 1 Apr 60, the applicant was notified of his promotion to  the  Army
Reserve grade of major, effective 28 Apr 60.  On  31 Jul  61,  he  was
honorably discharged from the Army and retired in the grade  of  major
after 20 years, 1 month, and 15 days of active service.

The applicant provided a “Social Industrial History for [PTSD]”  dated
28 Jun 88, which recounted his observations of traumatic events during
WWII such as planes being shot down and his friends being killed.   He
described the pilot nose-dived their plane from 24,000 feet  to  4,000
feet to escape enemy fighters who had disabled one of  their  engines.
On his fifth mission, the pilot ditched the plane at sea after it  was
severely shot up.  On his sixth mission, he indicated he found himself
“in a trance when someone else in the plane came and commented that he
had simply not dropped the bombs  over  the  intended  location.”   He
reported his difficulties to the flight  surgeon.   He  had  two  more
flights, both of which ended with the plane running  out  of  gas  and
landing in unintended areas.  Following his eighth mission, the flight
surgeon grounded him for six months, during which  time  he  described
suffering from PTSD symptoms.  He became  a  flight  teacher  and  was
repeatedly  grounded  from  flight  duty  “due  to  his  psychological
instability.”  The applicant claimed to have daily intrusive  thoughts
of his WWII experiences, having nightmares since 1943 one or two times
a month.

The applicant also provided  a  “Special  Psychiatric  Evaluation  for
[PTSD]” dated 8 Jul  88.   The  Evaluation  noted  the  applicant  was
grounded after eight missions for operational fatigue in  Sep 43.   An
anxiety reaction and combat aviation accident were documented at  that
time with notation that he had severe stress, mild predisposition  and
no impairment for further military duty.  In Mar 45, he was rotated to
a  Rehabilitation  Center  for  Combat  Crew  Rehabilitation,   having
volunteered at that time to go back into  ground,  but  not  aviation,
combat.  The evaluation indicates the documentation in the applicant’s
record was clear that the onset  of  his  tension  symptoms  developed
around the fifth mission in Jul 43 when his B-17 ditched at  sea.   On
the seventh and eighth missions, the plane ran out of  fuel  and  came
close  to  ditching  in  the  sea.   The  applicant  was  bothered  by
nightmares and  was  unable  to  fly  for  a  number  of  years.   The
evaluation indicated it  should  be  noted  the  applicant  functioned
satisfactorily and was  able  to  complete  his  military  career  and
retired from the Civil Service at  the  GS-13  level.   Diagnosis  was
PTSD, chronic, with mild residual symptomatology at the time.

The 1988 History and Evaluation  appear  to  have  been  part  of  the
applicant’s Department of Veterans Affairs (DVA) file.  On  8 Jul  88,
the DVA granted him a 10% rating for PTSD.

On 7 Sep 05, pursuant to  an  AFBCMR  Staff  inquiry,  HQ  AFPC/DPPPRA
advised via Email that Army  Regulation  600-8-22,  dated  25 Feb  95,
which includes criteria governing award of  the  PH,  is  current  and
indicates in Paragraph 2-8.b.(5)(i) that PTSD  does  not  qualify  for
award  of  the  PH.   They  included  the  pertinent  extract  of  the
Regulation.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR reports that they researched  the  applicant’s  military
personnel record and his submission but  could  find  no  support  for
award of the PH.  The Purple Heart Review Board (PHRB) determined that
the appeal does not meet the minimum requirements necessary for  their
consideration.  To be awarded the PH, a member must provide a detailed
personal account, eyewitness statements, and medical documentation  to
show the wound received by medical personnel and occurred as a  direct
result of enemy action [emphasis advisory’s].

A complete copy of the 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 22 Jul 05 for review and comment within 30 days.   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 a thorough review  of  the
evidence  of  record  and  the  applicant’s  submission,  we  are  not
persuaded he should be awarded the PH.   The  applicant’s  contentions
are duly noted; however, we do not find these assertions,  in  and  by
themselves, sufficiently persuasive to override the  evidence  of  the
record and the Air Force’s determination.  The applicant  contends  he
qualifies for the medal based on alleged unspecified changes to the PH
criteria in Army Regulations.  However, according  to  HQ  AFPC/DPPPR,
the Army has not changed  the  PH  criteria  to  include  PTSD.   They
provided Army Regulation 600-8-22,  dated  25  Feb  95,  Paragraph  2-
8.b.(5)(i), which indicates PTSD does not qualify for award of the PH.
 Further, the Air Force  PHRB  reviewed  the  applicant’s  appeal  and
determined he did not qualify for the PH as he provided no evidence he
sustained a wound directly resulting from enemy action.   Although  we
concede the applicant’s WWII experiences were traumatizing,  we  agree
with the Air Force that his PTSD is not a qualifier for  the  PH.   He
has not established that PTSD,  which  results  from  an  individual’s
reaction  to  a  situation  and  which   many   veterans   experience,
constitutes a wound per se that directly resulted from  enemy  action.
In view of the above and absent persuasive evidence to  the  contrary,
the applicant has not sustained his burden of having  suffered  either
an error or an injustice.  Therefore, we find no compelling  basis  to
recommend granting the relief sought.

_________________________________________________________________

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  this  application  in
Executive Session on 12 October 2005, under the provisions of AFI  36-
2603:

                 Ms. Marilyn M. Thomas, Vice Chair
                 Ms. Jean A. Reynolds, Member
                 Ms. Patricia R. Collins, Member

The following documentary evidence relating to AFBCMR Docket Number BC-
2005-00705 was considered:

   Exhibit A.  DD Form 149, dated 20 Feb 04, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPR, dated 18 Jul 05.
   Exhibit D.  Letter, SAF/MRBR, dated 22 Jul 05.





                                   MARILYN M. THOMAS
                                   Vice Chair

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