RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-02966
INDEX CODE: 100.00
XXXXXXX COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 30 MARCH 2007
________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH), the Prisoner-of-War Medal (POW), and
an oak leaf cluster to the Air Medal (AM, 1 OLC).
________________________________________________________________
APPLICANT CONTENDS THAT:
He is entitled to the PH and an additional AM since he was shot down and
injured on his 11th combat mission. During the period in question, an oak
leaf cluster was awarded for each 5 missions flown. During the crash
landing he sustained a small trauma injury to his scalp for which he
received medical treatment in Switzerland. Further, he is entitled to the
POW because he was held as an internee of the Swiss government.
Applicant’s complete submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is a former member of the Army Air Corps, who served in the
European Theatre of Operation from 19 December 1944 to 29 March 1945 as a B-
17, Flying Fortress, bombardier. He completed a total of 11 combat
missions, totaling 95 combat hours. On 25 February 1945, he was shot down
and interned by the Swiss government until he was returned to military
control on 7 March 1945. He was awarded the Air Medal (AM) for meritorious
achievement while participating in heavy bombardment missions in the air
offensive against the enemy over Continental Europe. His separation
physical indicates that he had a 5 inch vertical laceration scar medial on
his middle right forearm, and a 1 inch horizontal laceration scar on the
left center of his chin.
The PH is awarded for wounds received as a direct result of enemy action
(i.e., gunshot or shrapnel wounds, hand-to-hand combat wounds, forced
aircraft bail out injuries, etc.). 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.
The AM is awarded for heroic or meritorious achievement while participating
in aerial flight.
On 7 November 2005, the Purple Heart Review Board (PHRB) considered and
denied applicant’s request for the PH.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPR recommends the application be denied, and states, in part, that
applicant has provided no evidence of him being recommended or approved for
an additional AM. Furthermore, the POW is only awarded to individuals who
were taken prisoner and held captive. In the applicant’s case, he was
detained in Switzerland and was not listed by the War Department as a POW,
but as an internee since Switzerland was considered and classified as a
neutral country during World War II. His request for the PH was presented
to the PHRB and his request was disapproved.
The AFPC/DPPPR evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Their crew was seriously shot-up over Munich, resulting in the death of
their radio operator and four other crew members being wounded. In
addition, he and the co-pilot were fired upon by Austrian boarder guards
while destroying critical equipment. He notes that other internees have
received the awards he is seeking.
Applicant’s complete response is at Exhibit E.
________________________________________________________________
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. We took notice of the applicant's
complete submission in judging the merits of the case; however, we agree
with the opinions and recommendation of the Air Force office of primary
responsibility and adopt their rationale as the basis for our conclusion
that the applicant has not been the victim of an error or injustice.
Therefore, in the absence of evidence to the contrary, we find no
compelling basis to recommend granting the relief sought in this
application.
4. The Jubilee of Liberty Medal has not been formally presented to the US
Government and is not recognized as an official military decoration.
However, the Governor of the Province of Lower Normandy is issuing the
decoration to all the Allied Armies that participated in the Normandy
invasion and the applicant may obtain it by writing directly to the
Association De Barquement et Bataille de Normandie 1944.
________________________________________________________________
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-2005-02966
in Executive Session on 11 January 2006, under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Wallace F. Beard, Jr., Member
Mr. James W. Russell, III, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 5 July 2005, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPR, dated 15 Nov 05.
Exhibit D. Letter, SAF/MRBR, dated 2 Dec 05.
Exhibit E. Letter, Applicant, dated 28 Dec 05.
THOMAS S. MARKIEWICZ
Chair
AF | BCMR | CY2007 | BC-2007-00237
The AFPC/DPFC complete evaluation, with attachments, is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A letter from an author on a book of American POWs in Switzerland describes the treatment of Swiss internees and the conditions at the various Swiss camps. After a thorough and careful review of the evidence of record and the applicant's extensive submission, we are not persuaded that the former member’s record...
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-01851 INDEX CODE: 130.00 COUNSEL: NO HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Prisoner of War (POW) medal for his time as prisoner of war during WWII. He was given POW status; however, he has not been given the medal. _________________________________________________________________ AIR FORCE...
AF | BCMR | CY2010 | BC-2010-00736
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00736 COUNSEL: HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her late father be awarded the Prisoner of War (POW) Medal. POW status to internees in Switzerland requires the Secretary of the Air Force to determine that Swiss officials were acting on behalf of a foreign armed force hostile to the United States during...
AF | BCMR | CY2010 | BC-2010-01883
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01883 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Prisoner of War (POW) Medal. POW status to internees in Switzerland requires the Secretary of the Air Force to determine that Swiss officials were acting on behalf of a foreign armed force hostile to the United States during World...
AF | BCMR | CY2004 | BC-2004-01631
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-01631 INDEX CODE: 130.00 COUNSEL: NO HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His DD Form 214 be corrected to reflect he was a Prisoner of War (POW) in Switzerland instead of an internee. We took notice of the applicant’s contention that his status as an internee be changed to prisoner of war while interned in...
AF | BCMR | CY2010 | BC-2010-04359
After a thorough and careful review of the evidence of record and the applicant's extensive submission, we are not persuaded that his record should be corrected to reflect he was a Prisoner of War (POW) and awarded the POW medal. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance;...
AF | BCMR | CY2010 | BC-2010-04213
The statute requires the Secretary concerned to issue a POW medal to any person who was taken prisoner and held captive by foreign armed forces that are hostile to the United States, under circumstances which the Secretary finds to have been comparable to those under which persons have generally been held captive by enemy armed forces during periods of armed conflict. Finally, while the claim the Secretary of the Air Force has made no such finding about whether internees of Switzerland meet...
AF | BCMR | CY2005 | BC-2005-02187
After a thorough review of the applicant’s submission, it is our opinion that corrective action is warranted in this case. _______________________________________________________________ THE BOARD DETERMINES THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 6 November 1945, he was awarded the Air Medal, for completion of 2 combat missions, while performing duties in the European Theater of Operations as a Pilot B-24...
AF | BCMR | CY2005 | BC-2005-00700
In this respect, we note that counsel has failed to provide evidence that the member was ever recommended for a BSM. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 29 May 1944, he was awarded the Air Medal, First Oak Leaf Cluster, for extraordinary achievement, while serving as a Navigator on B-17 airplanes on many bombardment...
AF | BCMR | CY2003 | BC-2002-02730
_________________________________________________________________ THE APPLICANT CONTENDS THAT: He should be awarded the PH because he was hit by shrapnel from enemy fire and should be awarded the DFC because he completed over 25 combat missions. The applicant also states that during the period in question, the 8th Air Force had an established policy whereby the DFC was awarded upon the completion of 25 combat missions. ...