RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2008-03987
                                             INDEX CODE:  100.00
      XXXXXXX                           COUNSEL:  NONE

                                             HEARING DESIRED:  NO


________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded a First Oak Leaf Cluster to the Purple Heart (PH).

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APPLICANT CONTENDS THAT:

He is entitled to an additional PH for wounds sustained as the result  of  a
hostile act of the enemy.

He was  forced  to  march  through  severe  winter  conditions  to  a  newly
relocated POW site, and as a result, received severe frostbite.

In support of the appeal,  applicant  submits  his  personal  statement  and
extracts from his military records.

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant is a former Army Air Corps member who served  on  active  duty
from 24 September 1942 through 27  October  1945.   The  WD  AGO  issued  in
conjunction with his  27  October  1945  separation  indicates  that  he  is
entitled to the PH.

In accordance with  Army  Regulation  (AR)  600-45,  Decorations,  dated  22
September 1943, during the period  in  question,  the  PH  was  awarded  for
wounds received in action against an enemy of the United  States,  or  as  a
direct result of an act of such  enemy,  provided  such  wound  necessitated
treatment by a medical officer. For the purpose of awarding the PH, a  wound
was 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,
or while in action in  the  face  of  the  enemy.   In  May  1944,  the  War
Department amended AR 600-45 to define “element”  as  referring  to  weather
and permitted the award of the  PH  to  personnel  who  had  been  “severely
frostbitten while actually engaged in combat.”  When a person  eligible  for
award of the PH was treated for a  wound,  the  commanding  officer  of  the
hospital, or the medical  officer  who  treated  the  wound,  furnished  the
commanding officer of the wounded person a  certificate  briefly  describing
the nature of the wound, and certifying the necessity of treatment.

On 21 April 2004, AFPC/DPPD/CRSC advised the applicant that his request  for
Combat-Related Special Compensation  for  anxiety  disorder,  dysentery  and
residuals of cold injuries to his feet, had been approved with an  effective
date of 1 June 2003.

On 6 February 2009, AFPC/DPPRY advised the applicant his entitlement to  the
POW  Medal  had  been  established   and   that   his   records   would   be
administratively corrected to reflect his internment as a POW of the  German
army from 12 September 1944 to 15 May 1945.

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AIR FORCE EVALUATION:

AFPC/DPSIDR recommends denial and states, in part, that although  they  have
confirmed  his  eligibility  for  the  POW  Medal,  there  are  no  official
documents that verify he was injured while a POW at the hands of  the  enemy
or the result of enemy action.  AR 600-8-22, dated 11 December  2006  states
that frostbite does not justify award of the PH.

The complete evaluation is 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  13
February 2009 for review and comments, within 30 days.  However, as of  this
date, no response has been received by this office.

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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 respect, we note the applicant  was
interned as a POW of the German army from 12 September 1944 to 15 May  1945,
and on 6 February 1945, was forced to participate in  the  Stalag  IV  death
march.  Due to advancing Allied armies, on  that  date  nearly  10,000  POWs
were forced to march for eighty-six days  through  harsh  winter  conditions
from their POW camps in Poland to  other  POW  camps  in  southern  Germany,
covering nearly 600 miles.  The applicant contends that as a result of  this
hostile act of the enemy, i.e.,  the  forced  march  through  severe  winter
conditions,  he  received  severe  frostbite  for  which  he  is   currently
receiving compensation from the Department of Veterans Affairs.  In  support
of his appeal, the applicant submits his personal statement and  an  article
concerning the conditions at Stalag IV  and  the  circumstances  surrounding
the forced march.  The office of primary  responsibility  has  reviewed  the
evidence of record and recommends the requested relief be denied since  Army
Regulation 600-8-22, dated 11 December 2006, does not authorize  entitlement
to the PH for frostbite.  However, we are cognizant  of  the  fact  that  we
must consider such requests applying the standards and  criteria  in  effect
at the time, rather than under today’s standard.  In this  regard,  we  note
that in addition to authorizing entitlement to the PH to  those  individuals
who are severely frostbitten while actually engaged in  combat  against  the
enemy,  the  governing  regulation,  i.e.,  Army  Regulation  600-45,  dated
22 September  1944,  also  authorized  entitlement  to  the  PH  for  wounds
received as a result of a hostile act of the enemy.  We  further  note  that
during the period in question, in unusual or  extenuating  circumstances,  a
wounded soldier’s unsupported, personal statement could  be  accepted  when,
in the opinion of the officer making the award,  no  corroborative  evidence
was obtainable.  In view of the fact the applicant was under the control  of
the German Army at the time of his injury for which he seeks entitlement  to
the PH, and as such, medical  treatment  records  are  unavailable,  and  in
consideration of  the  fact  that  his  severe  frostbite  required  medical
attention, we believe such unusual or extenuating circumstances are  present
in this case  and  give  the  applicant’s  statement  proper  consideration.
Based on the totality of the evidence presented, we  believe  the  applicant
has established that he was injured as the result of a hostile  act  of  the
enemy and  as  such,  is  entitled  to  an  additional  PH.   Therefore,  we
recommend his records be corrected to the extent indicated below.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected to show that he was  awarded  the  Purple  Heart,
First Oak Leaf Cluster, for wounds received as  a  direct  result  of  enemy
action.

________________________________________________________________


The following members of the Board considered AFBCMR Docket Number  BC-2008-
03987 in Executive Session on 14 May 2009, under the provisions of  AFI  36-
2603:

      Mr. Anthony P. Reardon, Panel Chair
      Mr. Grover L. Dunn, Member
      Ms. Josephine L. Davis, Member

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

     Exhibit A.  DD Form 149, dated 21 Oct 08, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPSIDR, dated 23 Jan 09.
     Exhibit D.  Letter, SAF/MRBR, dated 13 Feb 09.




                                   ANTHONY P. REARDON
                                   Panel Chair



AFBCMR BC-2008-03987)




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 XXXXXXX, be corrected to show that he was awarded the Purple
Heart, First Oak Leaf Cluster, for wounds received as a direct result of
enemy action.







            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency