RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-01670
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH), First Oak Leaf Cluster
(1OLC), for the frostbite injuries he sustained as Prisoner of
War (POW) during World War II.
________________________________________________________________
APPLICANT CONTENDS THAT:
During his time as a POW during World War II he was forced to
march for several days in near-zero temperatures during a
transfer of POWs to Stalag VII A near Mossburg, Germany. During
the forced march, he incurred frostbite injuries to his
extremities which qualify him for award of the PH Medal.
In support of his request, the applicant provides copies of
extracts from his military personnel records; his DD 214, Armed
Forces of the United States Report of Transfer or Discharge;
Public Law 104-106, dated 10 Feb 96; extracts from Army
Regulation 600-45, PersonnelDecorations; POW records extracted
from the U.S. National Archives and Records Administration
(NARA) POW Database; Department of Veterans Affairs records
showing his diagnosis of frostbite; a frostbite information
sheet; and a record of his Prisoner of War Medal from the
National Archives.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________ ______________________________________________
STATEMENT OF FACTS:
The applicant entered the Army Air Corps on 21 May 42. He was
held as a POW from 23 Jun 43 until his repatriation on 29 Apr
45.
On 15 Nov 45, he was authorized the PH for wounds received in
action on 23 Jun 1943 in the Mediterranean Area.
Army policy (AR 600-45, dated 22 Sep 43) stated the PH was
awarded to members who were 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. On 3 May
44, the Army amended AR 600-24 to clarify use of the word
element by adding: In connection with the definition wound
above, the word element refers to weather and permits award
to personnel severely frostbitten while actually engaged in
combat.
On 30 Sep 64, the applicant retired from the Air Force and was
credited with 23 years and 14 days of total active service.
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:
HQ AFPC/DPSIDR recommends denial. The applicant was shot down
by the enemy over Italy on 23 Jun 43. He received burns on both
arms and legs as a result of the fire which engulfed his
aircraft after he landed. He was captured by the German Army
shortly after he was shot down and remained a POW until he was
liberated on 29 Apr 45. The applicant has been awarded the PH
for the burns he experienced as the result of combat action on
23 Jun 1943. 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.
The complete HQ AFPC/DPSIDR evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 24 Jun 11 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. Sufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. The
applicant contends he should be awarded the Purple Heart (PH)
Medal due to the frostbite injuries he incurred while on a
forced march as a prisoner of war (POW) during World War II.
After a thorough review of the evidence of record and the
applicants complete submission, we are convinced by a
preponderance of the evidence of his entitlement to the PH
Medal. 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. Our opinion has its basis in the fact
that the applicants medical records from the period in question
indicate he suffered 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
applicants records should be corrected as 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, First Oak Leaf Cluster, for
wounds incurred on a forced march while held as a Prisoner of
War (POW) during World War II.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-01670 in Executive Session on 19 Jan 2012,
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 Mar 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPSIDR, dated 9 Jun 11
Exhibit D. Letter, SAF/MRBR, dated 24 Jun 11
Panel Chair
AF | BCMR | CY2010 | BC-2010-001152
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 | CY2009 | BC-2008-03245
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 | CY2011 | BC-2011-01640
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 | CY2005 | BC-2001-00304A
On 27 Sep 01, the Board granted the applicant’s requests for a POW promotion to MSgt and for his records to reflect he was a POW from 13 Jun 43 to 5 May 45; however, his request for the PH 1OLC was denied. While the B-17 was damaged by enemy fire, it was not “shot down,” did not “crash,” and the applicant sustained no wounds during the encounter until the aircraft made a rough landing in England and his arm jammed into the receiver. Novel, Panel Chair Ms. Janet I. Hassan, Member Ms. Marcia...
ARMY | BCMR | CY2008 | 20080018269
Application for correction of military records (with supporting documents provided, if any). Further, while it is possible that award of the PH could be justified as a matter of equity based on the PH regulatory policy in effect for severe frostbite during World War II, this would have to be supported by evidence that the applicant sustained a severe frostbite injury while a POW. Although there is an OTSG Hospital Admission Record in the NPRC file that shows the FSM was hospitalized and...
AF | BCMR | CY2004 | BC-2003-03664
_________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPW recommends denial of POW status or the POW medal because the applicant was an internee in Sweden and, by definition, was not a POW. A complete copy of the evaluation, with attachments, is at Exhibit C. HQ AFPC/DPPPR recommends denial of the PH medal because there is no evidence in the applicant’s military personnel record demonstrating he was injured as a direct result of enemy action, and...
The applicant provided a 9 Oct 45 War Department document indicating that he was awarded the PH for wounds received in action on 13 Jun 43 in the European Theater. A complete copy of the evaluation, with attachment, is at Exhibit C. The Chief, Inquiries/AFBCMR Section, HQ AFPC/DPPPWB, advised that, since the applicant was a POW for approximately 23 months, he meets the prerequisites for a POW promotion and recommends he be promoted to MSgt effective 24 Sep 45, one day prior to his discharge...
AF | BCMR | CY2010 | BC-2010-00806
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00806 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect award of the Purple Heart (PH). The complete HQ AFPC/DPSIDRA evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: He states his...
AF | BCMR | CY2009 | BC-2008-03987
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. In this regard, we note that in addition to authorizing entitlement to the PH to those individuals who are severely frostbitten while actually engaged in combat against...
AF | BCMR | CY2007 | BC 2007 03522
On 5 Mar 08, applicants record was administratively corrected to include award of the Prisoner of War Medal, for the period of 8 Mar 6 May 45, while a POW in Germany. ___________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that he was awarded the Purple Heart Medal for injuries he received in action against an enemy of the United States...