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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