RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-03990
		COUNSEL:  NONE
		HEARING DESIRED:  NO 


APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH).


APPLICANT CONTENDS THAT:

He sustained injuries to his right foot and left knee when his B-
17 airplane was shot down enroute to Berlin, Germany.  He 
parachuted out of the airplane and was held as a Prisoner of War 
(POW) for 14 months.  He was in a total of five POW camps.  
Subsequently, he was liberated at Mooseburg, Germany by General 
Patton.  
After he was liberated it was noted that he sustained an injury to 
his right foot and left knee.  However, nothing was done and he 
believes there should have been some follow-up to award him the PH 
for his injuries.
In support of his request, the applicant provides copies of WD AGO 
53-55, Enlisted Record and Report of Separation; Veteran’s 
Administration Adjudication Forms 564, Rating Sheet; NA Form 
13059, Transmittal of and/or Entitlement to Awards; DA Form 1577, 
Authorization for Issuance of Awards and various other documents 
associated with his request.
The applicant's complete submission, with attachments, is at 
Exhibit A.


STATEMENT OF FACTS:

The applicant’s master personnel records were apparently located 
in the area most heavily damaged in the fire at the National 
Personnel Records Center (NPRC) in 1973.  Therefore, the following 
information has been extracted from the documents submitted by the 
applicant and through available documentation from National 
Archives and Records Administration (NARA).  
According to the applicant’s WG AGO 53-55, he was a member of the 
Army Air Corps and served on active duty from 27 Oct 42 through 
14 Oct 45.  He served three years and two days of total active 
service and is credited with one year, eight months and two days 
of Foreign Service. 
According to DD Form 2510, POW Medal Application/Information, 
dated 22 Jun 88; the applicant was captured on 6 Mar 44 and held a 
POW until 29 Apr 45.  


AIR FORCE EVALUATION:

AFPC/DPSID recommends denial.  The applicant did not provide a 
detailed account of the circumstances surrounding his alleged 
wounding nor did he provide any eyewitness statements.  He did not 
provide, nor could it be located in his official personnel 
records, medical documentation supporting his request more 
contemporary with the event than 2 years and 10 months after the 
alleged wounding.  To grant relief would be contrary to the 
criteria established by DoDM 1348.33, Manual of Military 
Decorations and Awards, the SECAF, Chief of Staff, and/or the War 
Department.
The PH is awarded to any member of the United States Armed Forces 
who, while serving under competent authority in any capacity with 
one of the United States Armed Forces, after 5 Apr 17, has been 
wounded, killed, or who has died or may hereafter die of wounds 
received under any of the following circumstances:  In action 
against an enemy of the United States; in action with an opposing 
armed force of a foreign country in which the United States Armed 
Forces are or have been engaged; while serving with friendly 
foreign forces engaged in armed conflict against an opposing armed 
force in which the United States is not a belligerent party; as a 
result of an act of any such enemy or opposing armed forces; as a 
result of an act of any hostile foreign force, after 28 Mar 73, as 
a result of an international terrorist attack against the United 
States or a foreign nation friendly to the United States; after 
28 Mar 73, as a result of military operations while serving 
outside the territory of the United States as part of a 
peacekeeping force; a Service member who is killed or wounded in 
action as the result of action by friendly weapon fire while 
directly engaged in armed conflict, other than as a result of an 
act of an enemy of the United States, unless the wound is the 
result of willful misconduct of the member; before 25 Apr 62, 
while held as a POW (or while being taken captive) in the same 
manner as a former POW who is wounded on or after that date while 
held as a POW.  A wound for which the award is made must have 
required treatment, not merely examination, by a medical officer.  
Additionally, treatment of the wound shall be documented in the 
Service member’s medical and/health record.  Award of the PH may 
be made for wounds treated by a medical professional other than a 
medical officer provided a medical officer includes a statement in 
the Service member’s medical record that the extent of the wounds 
were such that they would have required treatment by a medical 
officer if one had been available to treat them.  After 7 Dec 41,  
to a Service member who is killed or dies while in captivity as a 
POW under circumstances establishing eligibility for the POW 
Medal, unless compelling evidence is presented that shows the 
member’s death was not the result if enemy action. 
The PH Review Board has the authority (on behalf of the Secretary 
of the Air Force (SECAF)), to determine a veteran's award of the 
PH.  Each request is considered based on the policies and criteria 
in use at the time the veteran was injured, and the determination 
is dependent on the documentary evidence presented.  
The applicant’s case was not presented to the PH Review Board due 
to the absence of medical records contemporary to the event, a 
detailed personal statement and eyewitness statements.
The applicant provided limited medical documentation for the 
period after the war until about 1950.  His foot injury appears to 
have been ignored, as there was no evidence of the injury.  
The POW Medal, Good Conduct Medal, European-African-Middle Eastern 
Campaign Medal with one Silver Star and one Bronze Service Star, 
American Campaign Medal and the World War II Victory Medal should 
have been awarded during the applicant’s service and were not 
reflected in his records.  Upon final determination by the Board, 
DPSOR will administratively correct the applicant’s records. 
The complete DPSID evaluation, with attachment, is at Exhibit B.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant 
on 24 Jan 14, for review and comment within 30 days.  As of this 
date, no response has been received by this office (Exhibit C).


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 an error or injustice.  We took 
notice of the applicant’s complete submission in judging the 
merits of the case; however, we agree with the opinion and 
recommendation of the Air Force office of primary responsibility 
(OPR) and adopt the rationale expressed as the basis for our 
conclusion that the applicant has not been the victim of an error 
of injustice.  Therefore, in the absence of evidence to the 
contrary, we find no basis to recommend granting the requested 
relief.


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-2013-03990 in Executive Session on 29 Jul 14, under the 
provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 8 May 13, w/atchs.
	Exhibit B.  Letter, AFPC/DPSID, dated 2 Jan 14, w/atch.
	Exhibit C.  Letter, SAF/MRBR, dated 24 Jan 14


						

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