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.
_________________________________________________________________
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.
_________________________________________________________________
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
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