RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-01640
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect award of the Purple Heart
(PH) medal.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He should be awarded the PH for the injuries he sustained as a
prisoner of war (POW) in Germany. In accordance with the
criteria under Army Regulation (AR) 600-45 and Public Law (PL)
104-106, he meets the criteria for the PH.
In support of his request, the applicant provides copies of
documents extracted from his military personnel records,
Department of Veterans Affairs (DVA) medical records, and
extracts of AR 600-45 and PL 104-106.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicants WG ADO 53-55, Enlisted Record and Report of
Separation, reflects he served on active duty from 22 Jan 43 to
9 Oct 45. He was a POW in Germany from 29 May 44 to 2 May 45.
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, force 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 aircrafts evasive measure against hostile fire.
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 determination for the PH was
to be made in accordance with the standards in effect on the date
of the enactment of the act.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSIDR recommends denial. There was no medical
documentation provided by the applicant or located in his
military records verifying he was injured due to direct enemy
action. The applicant is not eligible for the PH under the
criteria of AR 600-45.C4, because he was not involved in combat
at the time of the alleged frostbite injury. Furthermore, there
was no provision for award of the PH for frostbite under PL 104-
106, 10 Feb 96. Lastly, the copy of the medical examination
dated 12 Apr 11 provided by the applicant reflects History of
proper circumstances for a cold injury but no definite history
and no definite ongoing symptoms with exception of the
paresthesias above.
The complete AFPC/DPSIDR evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
He is entitled to the PH for injuries he sustained as a result of
a hostile act of the enemy. His contact with the enemy as a POW
was more damaging than simple engagement because as a POW he
engaged the enemy 24 hours a day, seven days a week.
_________________________________________________________________
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 the
applicant was a POW in Germany from 29 May 44 to 2 May 45, and
was forced to march through harsh winter conditions from the POW
camp to other POW camps in Germany. The applicant contends that
as a result of this hostile act of the enemy, he received severe
frostbite. The office of primary responsibility has reviewed the
evidence of record and recommends the requested relief be denied
noting the applicant does not qualify for award of the PH for
frostbite, under the provisions of AR 600-45.C4, due to his not
being involved in combat at the time of the frostbite. There also
was no provision for award of the PH for frostbite in 1996 under
PL 104-106. However, we note that although the governing
regulation authorized entitlement to the PH to those individuals
who were severely frostbitten while actually engaged in combat
against the enemy, it also authorized entitlements for the PH for
wounds received as a result of a hostile act of the enemy.
Therefore, based on a preponderance of the evidence, we find the
applicant has established he was injured as the result of a
hostile act of the enemy and, as such, is entitled to award of
the PH Medal. 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 the APPLICANT, be corrected to show that he was
awarded the Purple Heart Medal, for wounds received as a direct
result of enemy action while a Prisoner of War from 29 May 44 to
2 May 45.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-01640 in Executive Session on 10 Jan 12, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 29 Apr 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIDR, dated 8 Jul 11.
Exhibit D. Letter, SAF/MRBR, dated 15 Jul 11.
Exhibit E. Letter, Applicant, dated 3 Jan 12.
Panel Chair
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