RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-03245
            INDEX CODE:  107.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH).

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APPLICANT CONTENDS THAT:

He should be awarded the PH for  wounds  sustained  as  the  result  of
hostile acts by the enemy.  While held captive as a World War II (WWII)
prisoner of war (POW) in Germany, he was forced to walk in  the  bitter
cold during the Stalag IV Death March, and sustained frostbite injuries
to his extremities.

In support of his request, the applicant submits a personal  statement,
a copy of his Army of the United States Honorable Discharge, a copy  of
his WD AGO  Form  53-55,  Enlisted  Record  and  Report  of  Separation
Honorable Discharge, a copy of Public Law 104-106, Section  621,  dated
10 Feb 96, a copy of his Department of Veterans  Affairs  (DVA)  Rating
Decision, dated 13 Apr  07,  award  criteria  for  the  PH  Medal,  and
excerpts from his reconstructed military personnel records.

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

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STATEMENT OF FACTS:

The applicant’s military personnel records were destroyed in  the  1973
fire  at  the  National   Personnel   Records   Center   (NPRC).    His
reconstructed records reflect that he enlisted in the Army Air Corps on
24 Mar 43.

The aircraft in which the applicant was a tail gunner, was  shot  down.
Subsequently, he was captured by the enemy, and  held  as  a  POW  from
22 Aug 44 to 17 Jul 45.  On 23 Oct 45,  he  was  honorably  discharged.
His records do not reflect award of the PH.

On 20 Mar 06, the DVA determined his cold  injury  (frostbite)  to  his
upper and lower extremities were service connected.  He was given a  30
percent disability rating for each lower extremity, and 10 percent  for
each upper extremity.

On 6 Jun 06, the NPRC verified the applicant’s entitlement to  the  POW
Medal, the American Campaign Medal, and the WWII Victory Medal.

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AIR FORCE EVALUATION:

AFPC/DPSIDR recommends denial and states, in part,  the  applicant  did
not provide medical documentation to substantiate the injuries received
were  a  direct  result  of  enemy  action.   He  did  not  provide   a
recommendation awarding  him  the  PH.   Additionally,  his  Report  of
Separation reflects no wounds received in action.

The DPSIDR evaluation is attached at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 21
Nov 08 for review and comment within 30 days.   As  of  this  date,  no
response has been received by this office (Exhibit D).

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ADDITIONAL AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends granting the  requested  relief.
The BCMR Medical Consultant states, in part, that a review of  previous
Military Correction Board cases, Army, Navy, and Air Force, reflects  a
definite trend of denial of the PH medal due to reported cold injuries,
but  particularly  frostbite,  with  some  presenting  more  clinically
apparent than others.  Many denials were largely  based  upon  existing
policies, which state that an indirect injury (such as frostbite)  does
not qualify for the PH.

However, an Army regulation in effect at the time of  the  appplicant’s
WWII service, (AR 600-45), included  injuries  caused  by  weather  and
climate-related factors,  as  qualifying  for  the  PH.   Specifically,
paragraph 2, of the Army’s personnel decorations policy  in  effect  at
the time of the applicant’s reported  cold  weather  exposure,  states,
that in connection with the definition of wound above, the word element
refers to weather and permits award to personnel  severely  frostbitten
while actually engaged in combat.

While the BCMR Medical Consultant found no evidence that the  applicant
was ever severely frostbitten, based upon clinical grounds, or that  he
was actually engaged in combat at the time of his  reported  exposures,
he acknowledges the applicant’s POW status and the  involuntary  forced
exposures over a near 90-day period  may  have  resulted  in  frostbite
caused by the enemy’s neglect or deliberate exposures.

The BCMR Consultant finds it reasonable to conclude the  applicant  may
have experienced some degree of cold injury during  his  90-day  forced
wintry  march,  but  specifically  defining  his  injury  as   severely
frostbitten is open for interpretation in  his  case,  considering  the
limited evidence provided.

Thus, the BCMR Medical Consultant recommends rendering the  benefit  of
doubt in the applicant’s favor, based collectively upon the findings by
the DVA, the evidence placing the applicant  under  the  conditions  to
sustain frostbite, the witness statements of  limb  swelling  provided,
and upon the governing policies for the PH at the time of his  military
service.

The BCMR Medical Consultant’s evaluation is attached at Exhibit E.

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APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

He and others were forced to march for 86 days from Stalag Luft IV from
6 Feb 45 to 3 May 45.  Stalag Luft IV was located near  the  Baltic  in
Northern Germany.  During the time of the march, which was reported  to
be the coldest winter in history in Northern Germany, they were  forced
to walk through snow and on frozen ground.   He  slept  on  the  frozen
ground and in barns with little or no protection from the cold.  He was
subject to severe cold  conditions  which  resulted  in  his  frostbite
injuries.

The applicant’s complete response, with attachments, is at (Exhibit G).

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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 error or injustice.  In  this  regard,  the  Board  is
convinced the applicant’s records should be corrected to  show  he  was
awarded the PH.  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  the  applicant  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 believe the applicant’s
records should be corrected as indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of  the  Department  of  the  Air  Force
relating to APPLICANT be corrected to show that, on 14 Oct 45,  he  was
awarded the Purple Heart Medal  for  wounds  to  his  upper  and  lower
extremities due to frostbite incurred while being held as a prisoner of
war in Germany from 22 Aug 44 to 17 Jul 45.

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The following members of the Board considered  Docket  Number  BC-2008-
03245 in Executive Session on 6 May 09, and on  9  Jun  09,  under  the
provisions of AFI 36-2603:

                 Mr. Thomas s. Marikewicz, Chair
                 Mr. Robert S. Jack II, Member
                 Ms. Yvonne T. Jackson, Member

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

      Exhibit A. DD Form 149, dated 30 Aug 08, w/atchs.
      Exhibit B. Applicant's Available Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPPR, dated 12 Nov 08.
      Exhibit D. Letter, SAF/MRBR, dated 21 Nov 08.
      Exhibit E. Letter, BCMR Medical Consultant, dated 12 May 09.
      Exhibit F. Letter, SAF/MRBR, dated 15 May 09.
      Exhibit G. Letter, Applicant, dated 21 May 09, w/atchs.




      THOMAS S. MARKIEWICZ
      Chair