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AF | BCMR | CY2007 | BC-2006-03298
Original file (BC-2006-03298.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2006-03298
            INDEX CODE:  107.00

            COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  24 APRIL 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) Medal for injuries suffered while  being
held a Prisoner of War (POW).

_________________________________________________________________

APPLICANT CONTENDS THAT:

The applicant thru his daughter gives an account of the injury he  sustained
while being held as a POW.  He was ordered to march for  four  days  in  two
feet of snow, in brutally cold temperatures.   He was  inadequately  dressed
for such weather and endured much pain and agony with his feet and  to  this
day has had  to  seek  medical  care  for  the  frostbite  and  damage  that
occurred.  He was loaded into a train car for three days  with  no  food  or
water in extremely inhumane conditions.  They received no medical  treatment
because they were prisoners of war.

In support of his request, applicant  provided  his  personal  statement,  a
witness statement from an officer in his unit who assisted him  during  this
walk, and an excerpt from an Ex-POW Bulletin regarding eligibility  for  the
Purple Heart.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant served in the Army Air Corps from 28 Jan 42 to     7  Feb  44.
On 8 Feb 44, he was commissioned a  second  lieutenant    in  the  Army  Air
Corps and served on active duty until 20 Oct 45.   His records  indicate  he
was the co-pilot of a B-17 plane shot down on 2 Nov  44.   He  was  captured
and held a POW in Germany from 13 Nov 44 to 29 Apr 45.

On 12 Dec 06, HQ  AFPC/DPPRY  advised  the  applicant  that  his  separation
document had been administratively corrected to show that  he  received  the
POW Medal, and that he had been a POW from 13 Nov 44 to 29 Apr 45.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial of the applicant’s request  for  award  of  the
Purple Heart.

To be awarded the Purple Heart,  a  member  must  provide  documentation  to
support he was wounded as a result of enemy action.   Indirect  injuries  do
not meet Purple Heart criteria.

The applicant’s submission met the Purple Heart Review Board on   6  Dec  06
and was disapproved.

The DPPPR evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 22 Dec 06, a copy of the  Air  Force  evaluation  was  forwarded  to  the
applicant for review and comment within 30 days.  To date,  a  response  has
not been received.

_________________________________________________________________

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 thoroughly  reviewing  the  evidence
of record and noting the applicant’s contentions, we are not persuaded  that
he has been the victim of an error or injustice.  In this respect,  we  note
the Purple Heart is awarded for wounds received as a direct result of  enemy
action.  There is no indication in the applicant’s service  medical  records
to substantiate that he was injured as a  direct  result  of  enemy  action.
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, in the absence of evidence that he was injured as a  direct  result
of enemy action, we find no compelling basis to recommend awarding  him  the
PH.  Additionally, the applicant’s submission met the  Purple  Heart  Review
Board on 6 Dec 06  and  was  disapproved.   Therefore,  in  the  absence  of
evidence to the contrary, we find no compelling basis to recommend  granting
the relief sought in this application.

_________________________________________________________________




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-2006-
03298 in Executive Session on 7 February 2007, under the provisions  of  AFI
36-2603:

      Mr. Thomas S. Markiewicz, Chair
      Ms. Jan Mulligan, Member
      Ms. Josephine L. Davis, Member

The following documentary evidence  pertaining  to  Docket  Number  BC-2006-
03298 was considered:

    Exhibit A.  DD Form 149, dated 24 Sep 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 7 Dec 06.
    Exhibit D.  Letter, SAF/MRBR, dated 22 Dec 06.




                                             THOMAS S. MARKIEWICZ
                                             Chair



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