Search Decisions

Decision Text

AF | BCMR | CY2010 | BC-2010-04050
Original file (BC-2010-04050.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-04050 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His official records be corrected to show he was awarded the: 

 

1. Prisoner of War (POW) Medal. (Administratively corrected) 

 

2. Purple Heart (PH) Medal. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He served as a Ball Turret Gunner during World War II. 

 

On 23 Feb 44, while returning from a mission over Germany, his 
aircraft was struck by enemy fire, and he suffered burns on the 
toes of his right foot due to a short circuit in his heated 
boots. In addition, he had a small piece of flack in his left 
shoulder. He was initially grounded by the doctor. 

 

On 25 Feb 44, while on a mission over Yugoslavia, his aircraft 
was hit by flack, and the entire crew was forced to bail out. 
He was captured and held as a German POW in Stalag Luft VI. He 
suffered from Diphtheria, swollen feet and Achilles tendons, and 
had a severely infected foot from athlete’s foot. During his 
internment he was forced to march through the elements and sleep 
outdoors for over 80 days. He suffered frost bite, dysentery, 
malnutrition, and had lice. Because he was a prisoner, they did 
not keep medical records documenting his physical condition. 

 

He has suffered many years of physical pain and mental stress 
from his imprisonment. Today, his forearms and upper arms ache 
so badly he can’t lift them at times. His feet ache all the 
time and the frostbite on his hands still bothers him. 

 

In support of his appeal, the applicant provides an expanded 
statement about his experience and copies of his discharge 
paperwork. 

 

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

 


________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant entered the Army Air Corps on 20 Nov 1942 and was 
a POW in Germany from 25 Feb 44 to 26 Apr 45. He was honorably 
discharged on 27 Sep 45. 

 

On 27 Feb 1950, a witness who saw the applicant while he was a 
POW submitted a statement to his official file attesting to the 
applicant’s physical condition during his internment. 

 

On 27 Aug 88, the Department of Veterans Affairs (DVA) awarded 
him a 30 percent disability rating for Post Traumatic Stress 
Disorder (PTSD) and 40 percent disability rating for peripheral 
neuropathy associated with frostbite. 

 

On 23 Jun 11, AFPC/DPWC notified the applicant of their 
determination that his status as a POW had been confirmed for 
the period 25 Feb 44 though 22 May 45. 

 

On 15 Jul 11, AFPC/DPSIDRA notified the applicant of their 
determination of his entitlement to the Prisoner of War (POW) 
Medal, the American Campaign Medal (ACM), and the World War II 
Victor Medal (WWIIVM) and corrected his records 
administratively. 

 

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of 
the Air Force, which is attached at Exhibit C. 

 

________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSIDRA recommends denial of the applicant’s request for 
award of the PH Medal, indicating there is no evidence of an 
error or injustice. While the applicant provided a detailed 
account of his time as a POW, he did not provide any official 
medical documentation to support his claim. While the applicant 
provides a long list of aches and pains, it is not clear for 
what injury he is seeking the PH. A review of the applicant’s 
records did not locate any official documentation verifying that 
the applicant received an injury as a direct result of enemy 
action that required or would have required medical treatment. 

 

A complete copy of AFPC/DPSIDRA’s evaluation is at Exhibit C. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

On 24 Feb 12, a copy of the Air Force evaluation was forwarded 
to the applicant for review and comment within 30 days. As of 


this date, no response has been received by this office. 
(Exhibit D). 

 

________________________________________________________________ 

 

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 an error or injustice. We took 
notice of the applicant’s complete submission in judging the 
merits of the case; however, we agree with the opinion and 
recommendation of the Air Force office of primary responsibility 
(OPR) and adopt its rationale as the basis for our conclusion 
the applicant has not been the victim of an error of injustice. 
Therefore, in the absence of evidence to the contrary, we find 
no basis to recommend granting the relief sought in this 
application. 

 

________________________________________________________________ 

 

THE BOARD DETERMINES THAT: 

 

The applicant be notified the evidence presented did not 
demonstrate the existence of material error or injustice; the 
application was denied without a personal appearance; and 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 AFBCMR Docket 
Number BC-2010-04050 in Executive Session on xxx, under the 
provisions of AFI 36-2603: 

 

 , Vice Chair 

 , Member 

 , Member 

 


The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2010-04050 was considered: 

 

 Exhibit A. DD Form 149, dated 19 Oct 10, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSIDRA, dated 15 Jul 11. 

 Exhibit D. Letter, SAF/MRB, dated 24 Feb 2012. 

 

 

 

 

 

 Vice Chair 

 

 

 



Similar Decisions

  • AF | BCMR | CY2003 | BC-2003-01285

    Original file (BC-2003-01285.doc) Auto-classification: Approved

    In his rebuttal (Exhibit E), the applicant requests his WD AGO Form 100, Separation Qualification Record, reflect “13 May 45” rather than “2 May 45” in Item 13; his WD AGO Form 53-55, Report of Separation, be corrected to show in Item 7 a date of separation of 12 Oct 45, rather than 12 Nov 45, and in Item 34 that he received flack wounds in his left foot and thigh and frostbite in both feet; and the DD From 215, Correction to DD Form 214, amending his record to reflect receipt of the POW...

  • AF | BCMR | CY2010 | BC-2010-001152

    Original file (BC-2010-001152.doc) Auto-classification: Approved

    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.). _________________________________________________________________ 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...

  • AF | BCMR | CY2007 | BC-2006-03298

    Original file (BC-2006-03298.doc) Auto-classification: Denied

    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). ________________________________________________________________ AIR FORCE...

  • AF | BCMR | CY2011 | BC-2011-01640

    Original file (BC-2011-01640.txt) Auto-classification: Approved

    AR 600-45.C4 permits award of the PH for frostbite for personnel “actually engaged in combat.” PL 104-106, dated 10 Feb 96, entitled former POWs to receive a PH for wounds suffered as a POW. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT, be corrected to show that he was awarded the Purple Heart Medal, for wounds received as a direct result of enemy action...

  • AF | BCMR | CY2011 | BC-2011-01670

    Original file (BC-2011-01670.txt) Auto-classification: Approved

    The applicant received frostbite injuries in January 1945 while a POW; however, frostbite is not normally an injury which qualifies a member for entitlement to the PH. In this respect, we note Army Regulation 600-45, provides that the PH Medal may be awarded to members who are wounded in action against an enemy of the United States, and defined a wound as an injury to any part of the body from an outside force, element, or agent sustained as a result of a hostile act of the enemy. Exhibit...

  • AF | BCMR | CY2011 | BC-2011-01501

    Original file (BC-2011-01501.pdf) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS OCT 20 201i IN THE MATTER OF: DOCKET NUMBER: BC-2011-01501 Pe COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His records be corrected to reflect he was awarded the Purple Heart (PH) Medal. APPLICANT CONTENDS THAT: He 1s entitled to the award of the Purple Heart for wounds sustained as a result of a hostile act of the enemy. In accordance with Army Regulation (AR) 600-45, Decorations, dated 22 September...

  • AF | BCMR | CY2013 | BC-2013-01539

    Original file (BC-2013-01539.txt) Auto-classification: Denied

    The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility, which is attached at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSID recommends denial indicating there is no evidence of an error or an injustice. While the deceased member was a POW from 31 Jan 45 to 29 Apr 45, the applicant did not submit documentation which verifies the deceased...

  • AF | BCMR | CY2003 | BC-2003-00533

    Original file (BC-2003-00533.doc) Auto-classification: Approved

    The AFPC/DPPPR evaluation, with attachments, is at Exhibit C. _________________________________________________________________ APPLICANT’S REVIEW OF AIR FORCE EVALUATION: He did suffer the atrocity of beatings to his lower back while a POW at Stalag Luft IV and the DVA has determined his lower back condition is service-connected for the injury received while a POW. _________________________________________________________________ RECOMMENDATION OF THE BOARD: A majority of the Board finds...

  • AF | BCMR | CY2009 | BC-2008-03245

    Original file (BC-2008-03245.doc) Auto-classification: Approved

    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. The BCMR Medical Consultant’s evaluation is attached at Exhibit E. _________________________________________________________________ APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: He and...

  • AF | BCMR | CY2005 | BC-2005-00729

    Original file (BC-2005-00729.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-00729 INDEX CODE: 107.00 XXXXXXX COUNSEL: NONE XXXXXXX HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 3 SEP 2006 ___________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Purple Heart (PH) medal. ___________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPPPR reviewed this...