RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-03812 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: YES 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His records be corrected to reflect he was awarded the Purple 
Heart (PH) Medal. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was beaten during World War II by enemy captors. He received 
injuries to his jaw due to multiple strikes from the butt of a 
pistol. 

 

In support of this appeal, the applicant provides copies of his 
congressional inquiry response. 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant entered the Air Corps on 17 May 1943 as a 
Bombardier. On 21 October 1944, he was sent to Italy on 
temporary assignment. On 28 December 1944, his parents were 
notified that he was on a bombing mission to Vienna, Austria and 
failed to return. A Battle Casualty Report confirmed the 
applicant was released as a Prisoner of War and liberated on 
1 May 1945. 

 

During a POW examination conducted by the Department of Veterans 
Affairs (DVA), he accounts the events of his capture. He states 
his plane was shot down and he was told to bail out, which he 
did. His chute opened high, he hit the snow and injured his 
left knee and ankle. He landed in Hungary and was placed in a 
truck by a Hungarian colonel and some troops. When they arrived 
at the base, he was struck twice with a pistol by a Hungarian 
pilot. They were put into a local jail overnight and then sent 
to Budapest. They were later turned over to the Germans and 
sent to the Dulag Luft II for interrogation. He was in solitary 
confinement for a week but received no further maltreatment. He 
received no medical treatment other than the treatment for a 


lesion on his jaw which was lanced with a pin. He also reported 
his worst problems as a POW were hunger and the facial injury. 

 

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/DPSIDR recommends denial. The PH is awarded for wounds 
received as a direct result of enemy action. In addition, it is 
necessary that the wound required or received treatment by 
medical personnel. The applicant does not provide medical 
documentation or any eye witness statements verifying that his 
injury was a result of combat action with the enemy. A Report 
of Medical Examination, dated 25 May 1967, states the applicant 
experienced tooth and gum trouble in December 1944 due to an 
injury to the teeth, surgery corrected. No complications. 

 

They are unable to locate medical or eyewitness documentation to 
support the applicant’s claim that his injury was combat-
related. 

 

The complete DPSIDR 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 9 December 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. After a 
thorough review of the evidence of record and noting the 
applicant’s complete submission, we are not persuaded the former 
member’s records should be corrected to reflect his entitlement 
to the PH. In this respect, we note that 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. The medical evidence before us accounts 
the events as relayed by the applicant only. There were no 
witness statements submitted to corroborate the applicant’s 
version of the events. The personal sacrifice the applicant has 
endured for his country is noted; however, in the absence of 
witness statements to corroborate the former member’s account of 
the events, we find no basis upon which to recommend favorable 
consideration of the applicant’s request. 

 

4. The applicant's case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issues involved. 
Therefore, the request for a hearing is not favorably 
considered. 

 

________________________________________________________________ 

 

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-2011-03812 in Executive Session on 27 March 2012, 
under the provisions of AFI 36-2603: 


 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 24 Oct 11, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSIDR, dated 21 Nov 11. 

 Exhibit D. Letter, SAF/MRBR, dated 9 Dec 11. 

 

 

 

 

 

 Panel Chair