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. He was
enlisted in the Army as a radio operator/waist gunner with the
460°" Bomb Group and 760° Bomb Squadron from 4 October 1944 to
17 November 1944,
He is a confirmed Prisoner of War (POW). He was held in Stalag
Luft IV. While held as a POW, he was forced to march in light
snowfall and freezing temperatures. The trip resulted in
frostbite to his extremities. They were finally liberated by
the British and Canadians.
He was relieved from active duty on 18 September 1969 and
retired as a Chief Warrant Officer 4 from the Utah National
Guard on 12 July 1984.
In support of his appeal, the applicant submits a personal
statement, documents from his master personnel record, copies of
the PH governing regulations, medical documentation and his
Department of Veterans Affairs rating decision.
The applicant’s complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant's military personnel records were destroyed by
fire in 1973. Therefore, the facts surrounding his service
cannot be verified. Data extracted from his reconstructed
records reflects, for the period in question, he served on
active duty from 1 June 1943 to 6 October 1945.
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. 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. In
addition, a wounded soldier’s unsupported statement could be
accepted in unusual or extenuating circumstances when, in the
Opinion of the officer making the award, no corroborative
evidence was obtainable. However, the statement would be
substantiated if possible.
AIR FORCE EVALUATION:
AFPC/DPSIDRA recommends denial. DPSIDRA verified the
applicant’s entitlement to the POW Medal, the American Campaign
Medal, four Bronze Service Stars to his previously awarded
European-African-Middle Eastern Campaign Medal and the World War
II Victory Medal. These awards will be updated by the
appropriate office.
They were not able to verify the applicant’s entitlement to the
PH. DPSIADRA states the Air Force uses the same references as
Army Regulation 600-8-22. This regulation lists examples of
injuries or wounds that do not justify the award of the PH:
frostbite or trench foot injuries are listed as such.
The complete DPSIDRA evaluation is at Exhibit C.
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 5 August 2011, 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 error or injustice. We took notice
of the applicant's complete submission and the available
evidence of record in judging the merits of the case. However,
we are not persuaded based upon the evidence presented of his
entitlement to award of the Purple Heart. 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 Docket Number BC-
2011-01501 in Executive Session on 12 October 2011, under the
provisions of AFI 36-2603:
Pe Panel Chair
, Member
Member
ee,
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 22 Apr 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIDRA, dated 25 Jul 11.
Exhibit D. Letter, SAF/MRBR, dated 5 Aug il.
Panel Chair
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