RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2010-01152
            INDEX CODE:  107.00
            COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect award  of  the  Purple  Heart  (PH)  and
Prisoner of War (POW) Medal.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His last combat mission in a B-17  bomber  aircraft  received  a  number  of
direct hits by enemy flak which caused extensive damage requiring  the  crew
to bail out.

He was held as a Prisoner of War (POW) in Stalag Luft IV.

He received severe frostbite to his extremities.

In support of his request, the applicant provides copies of his POW  records
extracted from the U.S. National Archives and Records Administration  (NARA)
POW Database, Public Law  104-106,  dated  10 Feb  96,  extracts  from  Army
Regulation 600-45, Personnel - Decorations, a frostbite  information  sheet,
extracts from his military  personnel records, and  Department  of  Veterans
Affairs records.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant entered the Army Air Corps on 15 Mar 43.

The applicant’s DD Form 214, Armed Forces of the  United  States  Report  of
Transfer or Discharge, reflects “none”  in  Block  34,  Wounds  Received  in
Action.

The PH is awarded for wounds received as a direct result  of  enemy  actions
(e.g., gunshot  or  shrapnel  wounds,  hand-to-hand  combat  wounds,  forced
aircraft bailout injuries, etc.).  In addition, it  is  necessary  that  the
wound  required  or  received  treatment  by  medical  personnel.   Indirect
injuries do not meet the criteria for award of the PH.  These  include,  but
are not limited to, injuries received while seeking shelter from  mortar  or
rocket attacks, aircraft bombings, grenades,  and  injuries  incurred  while
serving as an aircrew member  or  in  a  passenger  status  because  of  the
aircraft’s evasive measures against hostile fire.

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 was held as a POW from  9  Sept  44  to  2  May  45.   He  was
honorably discharged on 4 Oct 45 and is credited with 1 year, 5 months,  and
22 days of active service and one year, one month, and five days of  Foreign
Service.

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AIR FORCE EVALUATION:

HQ AFPC/DPSIDR recommends denial.  DPSIDR states they were unable to  verify
the applicant was wounded before or after he was a POW.   Further,  injuries
or wounds that do not qualify for award of the PH are  frostbite  or  trench
foot injuries, heat strokes, food poisoning  not  caused  by  enemy  agents,
etc.

Additionally,   DPSIDR   states   the   applicant’s    records    will    be
administratively corrected to reflect his POW status and medal.

The complete HQ AFPC/DPSIDR evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant provides a copy of his DVA rating  decision  reflecting  a  30
percent rating for frostbite on his left foot and a 30  percent  rating  for
frostbite on his right foot.  He states he has no feeling in the  bottom  of
his feet because of the cold.

The applicant's complete response, with attachment, is at Exhibit E.

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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 an error or injustice.  We note that 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  applicant
incurred frostbite while on a forced march during the period he was  a  POW.
In our estimation and 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 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 on 1 September 1945, he was  awarded
the Purple Heart for wounds incurred on a forced march while  being  held  a
Prisoner of War in Germany from 9 September 1944 to 2 May 1945.

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2010-01152
in Executive Session on 23 September 2010, under the provisions of  AFI  36-
2603:

      Ms. XXXX, Panel Chair
      Ms. XXXX, Member
      Mr. XXXX, Member

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

     Exhibit A.  DD Form 149, dated 18 Mar 10, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ AFPC/DPSIDR, dated 6 Jul 10.
     Exhibit D.  Letter, SAF/MRBR, dated 26 Jul 10.
     Exhibit E.  Letter, Applicant, dated 2 Aug 10, w/atch.




                                   XXXX
                                   Panel Chair