RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-00014
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  7 JUL 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her deceased spouse be awarded the Purple Heart Medal and the  Purple  Heart
Medal with One Oak Leaf Cluster.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Her deceased spouse was injured when his plane crashed  landed  over  France
on 7 June 1944.  Also, he was a Prisoner of War (POW)  and  during  his  POW
captivity he was  forced  marched  over  distances  by  enemy  handlers  and
received frostbite to his feet.

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

_________________________________________________________________

STATEMENT OF FACTS:

During the time period in question, the servicemember who had prior  service
in the United States Marine Corps Reserve and the Army of the United  States
was appointed a second lieutenant and entered active duty (EAD) in the  Army
Air Corps on  1  October  1943.   On  20 December  1945,  he  was  honorably
discharged in the grade of second lieutenant under the provisions of  RR  1-
5, as indicated on  WD  AGO  Form  53-98,  Military  Record  and  Report  of
Separation Certificate of Service.

WD AGO Form 100, Separation Qualification Record, reflects  his  summary  of
military occupations included a pilot of a two  engine  aircraft,  commander
of an aircraft, he was  responsible  for  the  safety  of  a  crew,  and  he
supervised the operation of crew duties and ground assignments.

WD AGO Form 53-98, Military Record and Report of Separation  Certificate  of
Service, with a date of  relief  from  active  duty  of  20  December  1945,
indicates the servicemember participated  in  the  Normandy  campaign.   The
form further reflects the applicant received the following  decorations  and
citations: the Distinguished Unit Citation, the Air Medal, and the  European
African Middle Eastern Theatre Ribbon with Battle Stars.  Also, in Item  30,
Wounds Received in Action reflects “None.”

On 15 July 1944, the servicemember was reported as Missing in Action  (MIA).
 On 7 June 1944, his status was changed to Prisoner of War (POW).  He was  a
POW in Germany, from 7 June 1944 to 29 April 1945.

The servicemember retired from the Reserve of the Air  Force  on  23 October
1980, in the grade of major.  He served a total of  22 years,  4 month,  and
9 days of total active duty service and 41 years and 8 months, and 1 day  of
service for basic pay.

WD  AGO  Form  66,  Officers,  Warrant  Officer’s,  and   Flight   Officer’s
Qualification Record, indicates the  servicemember  received  the  following
decorations and medals:  Distinguished  Unit  Citation,  Air  Medal,  Korean
Service Medal, Reserve Medal, Air Medal with One Oak Leaf Cluster,  and  the
European African Middle Eastern  Campaign  Medal  with  One  Bronze  Service
Star.

Veterans Administration (VA)  Form  10-0048,  Former  POW  Medical  History,
dated 11 March 1993, indicates on 7 June 1944 the  servicemember’s  aircraft
(C-47) was shot down in  battle.   He  was  captured  and  taken  POW.   The
servicemember indicated he received injuries to his knees  and  ankles.   He
was taken to different prisons to include, the Dulag Luft 2, Stalag Luft  3,
and the  Stamenlager  7A.   He  received  injuries  to  his  back  while  in
captivity.  He also  was  forced  marched  for  five  days  in  severe  cold
conditions  which  caused  frostbite.   Specific  diseases  acquired  during
captivity included  dysentery,  worms,  skin  disease,  vitamin  deficiency.
During captivity he experienced chest pain, rapid heart  beats,  skipped  or
missed heart beats, impaired vision, poor night  vision,  hearing  disorder,
toothache, numbness, tingling or pain in  the  fingers  or  feet,  excessive
thirst, dry scaly skin, numbness or weakness in the  arms  or  legs,  boils,
pale skin, nausea,  vomiting,  diarrhea,  chills,  aches  or  pains  in  the
muscles and/or  joints,  fever,  unsteady  gait,  swelling  in  the  joints,
swelling  of  the  legs  and/or  feet,  swelling   of   the   muscles,   and
psychological or emotional problems.  The approximate date he  was  returned
to friendly control was on 29 April 1945.  His health as of the date of  the
form included high blood pressure from nephritis, very  nervous,  forgetful,
severe arthritis and bursitis  both  hips,  arthritis  upper  back,  ulcers,
lower  bowel  diverticulosis,  heel  bone  spurs,  pernicious  anemia.    In
addition, he had loss of  feeling  in  both  hands  resulting  from  pinched
nerves in neck due to calcification in spine in neck,  constant  ringing  in
both ears all the time, bad floater in right eye, and must have a vitamin B-
12 shot once a month for the rest of his  life  to  control  his  pernicious
anemia.

A Department of Veterans Affairs (DVA)  Rating  Decision,  dated  20 January
1998 indicates the issue before the  DVA  was  for  service  connection  for
traumatic  arthritis,  bilateral  hips,  and  status  post   bilateral   hip
arthroplasties.  The applicant’s claim was denied.  It  was  indicated  that
bilateral hip arthritis was not caused by the veteran’s  1944  plane  crash.
The examiner noted that the  servicemember  did  not  complain  of  any  hip
problem until approximately 1985, more  than  40  years  following  service.
The examiner provided the opinion that if the servicemember had a  traumatic
insult to his hips - one would expect earlier development of  symptoms.   He
stated that the servicemember’s hip pathology was due to degenerative  joint
disease.  In cases of traumatic insult the development of  symptoms  was  to
be expected earlier rather than later.  The decision further  indicated  the
applicant received the following compensation:  Degenerative  Disc  Disease,
Cervical Spine 20 percent from  3  May  1993;  Traumatic  Arthritis,  Lumbar
Spine - 10 percent from 3 may 1993; Post  Traumatic  Stress  Disorder  -  10
percent from 3 May 1993; Duodenal  Ulcer  -  0  percent  from  3  May  1993;
Traumatic   Arthritis,   Bilateral   Hips,   Status   Post   Bilateral   Hip
Arthroplasties,  Peripheral  Neuropathy,  Irritable  Bowel  Syndrome,  Heart
Condition, Pernicious Anemia, Bilateral Ankle  Condition,  Bilateral  Frozen
Feet, Bilateral Knee Condition - Combination 40 percent from 3 May 1993.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommended denial of the applicant’s request that  her  deceased
spouse be  awarded  the  Purple  Heart  for  injuries  sustained  during  an
aircraft landing.  They recommend the Board look at the Army’s  1944  policy
dealing with frostbite, and if appropriate,  approve  award  of  the  Purple
Heart for frostbite.

To be awarded the Purple Heart,  a  member  must  provide  documentation  to
support he was wounded as a direct result of  enemy  action  and  must  have
received medical treatment by medical personnel.

The servicemember’s official  personnel  record  indicates  that  the  plane
crash landed on 7 June 1944; however,  no  evidence  of  any  injuries  were
noted.  They have verified the applicant’s POW status (7  June  1944  to  29
April 1945) from his WD AGO Form 53-98 dated 20 December 1945.

Army policy in 1944 stated that the word element  referred  to  weather  and
permitted the award of the Purple Heart to personnel who had been  “severely
frostbitten while actually engaged in combat.”

The applicant claims that her deceased spouse’s injuries  were  recorded  by
medical authorities as soon as  possible;  however,  improbable  to  receive
treatment while on a forced march.  The VA claim mentions  frostbite  during
second march out of a POW  camp  during  snow  storm  but  report  is  dated
October 2005.

There is no evidence in the servicemember’s military personnel records  that
supports he was injured during his plane  crash  landing  on  7  June  1944.
Although there are no medical documents to support a frostbite claim,  other
than a VA report, it is very probable  that  he  received  frostbite  during
forced marches.

The evaluation, with attachment, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the evaluation and indicated  the  servicemember  did
not receive a medical examination upon repatriation.  Obviously,  there  are
no  military  documents  that  provide  evidence  of  any  injuries  due  to
circumstances in combat, and while in captivity.

The VA Form 10-0048 shows the servicemember marched  for  a  total  of  five
days and experienced severe cold during forced evacuation of  the  permanent
camp, (Stalag Luft III).  During this period of captivity,  he  was  exposed
to the elements that resulted in frostbite to his extremities.

He experienced dysentery, worms, skin disease, and vitamin  deficiency.   He
identified  a  number  of  other  conditions  experienced   while   captive,
including numbness, tingling, or pain in the fingers and/or feet.

Reports from the U.S. Air Force  Academy,  and  information  by  the  Serwis
Museum confirm approximately 10,494 allied airmen of Stalag  Luft  III  were
forced through a blizzard, and extreme  low  temperatures  from  27  January
1945 to 15 February 1945 in Germany,  causing  frostbite  due  to  exposure.
According to Army Regulations, American military personnel who  participated
in the march were awarded the Purple Heart for wounds (frostbite - while  in
captivity).

The servicemember was a copilot of a C-47 aircraft flying over France  on  7
June 1944.  At that time his aircraft was shot down.  He survived the  crash
landing receiving injuries to his legs and back, but was taken  prisoner  by
the enemy.  He remained in enemy hands until liberated  on  29  April  1945.
During the course of this  imprisonment,  the  veteran  was  impressed  into
several forced marches as German forces retreated.   As  a  consequence,  he
sustained frostbite to his extremities during the second forced  march.   He
was receiving 40 percent disability by the DVA for spinal disc  condition  -
20 percent; traumatic arthritis -  10 percent;  and  post  traumatic  stress
disorder - 10 percent.

One must recognize and take into consideration the untold thousands of  POWs
repatriated that were debriefed, revealed mistreatment from  the  enemy  was
common.  There is no question the servicemember was mistreated.   There  was
no documentation of wounds in his military  records  for  reasons  based  on
documents submitted with this letter.

There may rise an issue with regard to determination of the injury  type  of
severity due to passage of time from the date of the injuries  to  the  date
of the medical examination, and this issue was addressed in part 16.1(2)  of
the Army Regulation 600-45, dated 22 September 1943.  “A  wounded  soldier’s
unsupported  statement  may  be   accepted   in   unusual   or   extenuating
circumstances when, in the opinion of  the  officer  making  the  award,  no
corroborative evidence  is  obtainable.   However,  the  statement  will  be
substantiated if possible.”  POW status by its very nature is  a  usual  and
extenuating circumstance that sometimes occurs  during  combat  role,  which
results in an inability of commanders to account for or verify  the  medical
status of any such unit member who is held in captivity by the  enemy.   The
medical status of any POW  cannot  be  independently  verified  due  to  the
nature of the member’s status.  VA claim mentions frostbite during a  second
march out of a POW camp during a snow storm; however, the  report  is  dated
October 2005.

The essential criteria governing the Purple Heart having  been  met  at  the
time of his discharge from the U.S. Army Air Corps, he should receive  these
awards.  He has also met the criteria as applied to  subsequent  policy  and
Public Laws since then.

The applicant’s response, with attachments, 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.    Sufficient relevant evidence has been  presented  to  demonstrate  the
existence of an error or injustice warranting  award  of  the  Purple  Heart
Medal.  After a thorough review of  this  case,  we  found  the  information
provided by the applicant to be persuasive,  and  were  convinced  that  the
servicemember’s records should be corrected  to  show  he  was  awarded  the
Purple Heart Medal.  Based on Army Regulation 600-45 (as  amended),  wherein
it is stated, “A wound is defined as an injury to any part of the body  from
an outside force, element, or agent sustained as the  result  of  a  hostile
act of the enemy while in action  in  the  face  of  the  enemy.   The  word
“element”  refers  to  weather  and  permits  award  to  personnel  severely
frostbitten  while  actually  engaged  in  combat,”  therefore,  we  believe
approval of the requested relief would be appropriate.  Our opinion has  its
basis in the fact that the  servicemember  incurred  frostbite  while  on  a
forced march during the period he was a POW.  In our estimation,  given  the
circumstances of this case, it is not possible  to  say  that  his  injuries
were sustained by anything other than the actions of enemies of  the  United
States.  Therefore, we strongly believe the servicemember’s  records  should
be corrected to the extent indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to SERVICEMEMBER, be corrected to show  that  on  23 October  1980,  he  was
awarded the Purple Heart Medal for wounds to  his  hands  and  feet  due  to
frostbite incurred on a forced march while being held as a Prisoner  of  War
in Germany from 7 June 1944 to 29 April 1945.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2006-
00014 in Executive Session on 11 May 2006, under the provisions of  AFI  36-
2603:

                 Ms. Charlene M. Bradley, Panel Chair
                 Ms. Donna Jonkoff, Member
                 Mr. Alan A. Blomgren, Member

All members voted to correct the  records  as  recommended.   The  following
documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 26 October 2005, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPR, dated 8 February 2006.
   Exhibit D.  Letter, SAF/MRBR, dated 10 February 2006, w/atch.
   Exhibit E.  Letter, Applicant, dated 1 March 2006, w/atchs.
   Exhibit F.  Letter, Applicant, dated 28 March 2006, w/atchs.




                 CHARLENE M. BRADLEY
                 Panel Chair



AFBCMR BC-2006-00014





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   , be corrected to show that on 23 October 1980, he was
awarded the Purple Heart Medal for wounds to his hands and feet due to
frostbite incurred on a forced march while being held as a Prisoner of War
in Germany from 7 June 1944 to 29 April 1945.




            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency