RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-04682 

 

 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: 

 

On 4 Nov 44, he suffered a concussion and a tear to his left ear 
drum as the result of a shelling incident while stationed in 
Europe. 

 

In support of his appeal, the applicant provides an expanded 
statement and copies of excerpts from his military 
personnel/medical records, which include documents related to his 
medical condition, as well as military and civilian letters 
related to the matter under review. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 12 Jun 43, the applicant entered active duty service in the 
Army of the United States (AUS). 

 

In accordance with Army Regulation (AR) 600-45, Decorations, 
dated 22 Sep 43, 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. 

 

An undated medical note provided by the applicant reflects he has 
a discharge from his left ear and left ear drum scarring. 

 

The applicant’s WD AGO Form 100, Separation Qualification 
Records, reflects that his left ear drum was moderately scarred, 
but does not indicate that said injury was the result of enemy 
action. 

 

The Department of Veterans Affairs (DVA) has determined the 
applicant’s post-traumatic stress disorder (PTSD), sinusitis, 
tinnitus, and scarred left ear drum, and bi-lateral hearing loss 
are connected to his World War II 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 noting that although the 
applicant provided documentation diagnosing him with ear 
drainage, sinusitis, and bifrontal headaches, the medical 
documentation does not indicate he was injured or was treated for 
an injury as the result of enemy action in accordance with the 
DoD 1348.33-M. The Purple Heart Review Board (PHRB) disapproved 
the applicant’s request for award of the PH on 29 Dec 11. 

 

The complete AFPC/DPSIDR evaluation is at Exhibit C. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

The applicant states he was injured during a heavy enemy 
bombardment on 4 Nov 44 near the French village of Bitche. His 
units fought without relief and without being taken out of the 
front lines, until late Dec 44. When his ear drum was ruptured 
by an enemy shell bursting near him, he was examined by a medic 
who made the determination that he was not injured as badly as 
others and left him to attend the individuals who were more 
seriously injured. However, he felt blood and other fluids 
flowing from his ear after the medic left. During these chaotic 
conditions of a moving battle front, the attending medic failed 
to make a report of his injury. Therefore, no report was made of 
his ruptured ear drum until an attending physician discovered the 
scar tissue on the ear drum when examining him for pneumonia in 
Jan 45. There was no event between the time of injury during the 


enemy shelling and the examination by the army physician that 
would have resulted in the examining physician discovering the 
scarring in the applicant’s left ear. Since his injury he has had 
difficulty hearing, progressing from moderately to “hard of 
hearing” to extreme difficulty in hearing. He received an injury 
in action against the enemy that meets the all of the 
qualifications for the PH and he should therefore be awarded the 
PH. He knows there was no problem with his ear until the shell 
burst near him; and that is the only reasonable explanation for 
the scarring on his ear as he has explained it. 

 

The applicant’s complete response is at Exhibit E. 

 

_________________________________________________________________ 

 

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 injustice. After a thorough 
review of the applicant’s complete submission, including his 
response to the advisory opinion rendered in this case, we 
believe that a preponderance of the evidence indicates that his 
injuries were the direct result of enemy action during combat 
operations near the French village of Bitche in Alsace Lorraine, 
France, on 4 Nov 44. We note the applicant was in battle on the 
front lines until Dec 44 and due to the chaotic conditions on the 
front lines, we find it reasonable that he was not treated for 
his wound until 30 days after the bombing attack. In view of the 
above, and noting that 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, we believe it appropriate to resolve any 
doubt in this matter in the applicant’s favor. Therefore, we 
recommend that his records be corrected to the extent indicated 
below. 

 

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 issue(s) 
involved. Therefore, the request for a hearing is not favorably 
considered. 

 

_________________________________________________________________ 

 


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 on 4 November 1944 in the village of 
Bitche in Alsace Lorraine, France. 

 

_________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2011-04682 in Executive Session on 19 Jul 12, under the 
provisions of AFI 36-2603: 

 

 , Chair 

 , Member 

 , Member 

 

All members voted to correct the records as recommended. The 
following documentary evidence was considered: 

 

 Exhibit A. DD Forms 149, dated 15 Oct 10, w/atchs. 

 Exhibit B. Applicant’s Master Military Personnel Records. 

 Exhibit C. Letter, AFPC/DPSIDR, dated 3 Jan 12. 

 Exhibit D. Letter, SAF/MRBR, dated 11 Jan 12. 

 Exhibit E. Letter, Applicant, undated. 

 

 

 

 

 

 Chair