AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

 
DOCKET NUMBER: BC-2012-02887 
COUNSEL: NONE 
HEARING DESIRED: NOT INDICATED 

IN THE MATTER OF: 
   
   
 
_________________________________________________________________ 
 
APPLICANT REQUESTS THAT: 
 
He  be  awarded  the  Purple  Heart  (PH)  with  one  oak  leaf  cluster 
(PH w/1OLC). 
 
_________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
He did not receive all his medals.  He was a Jewish Prisoner of 
War (POW) and should get a PH for injuries he sustained as the 
result  of  being  hit  in  the  neck  by  German  guards.    In  this 
respect, he contends the following: 
 
1.  He  saved  a  POW  from  being  “beat  up”  by  German  guards.    He 
told the guard the POW was “crazy.”  Subsequently, the POW was 
killed by the guards when he tried to escape from the hospital.   
 
2.  He  walked  through  the  Australian  Alps  for  18  days 
(approximately 220 miles) and was liberated by General Patton’s 
tank  corps.    He  was  “boxed”  in  Camp  17B,  dug  tunnels  15  feet 
under the barracks, and should be awarded a medal for trying to 
escape.   
 
3.  He served in the beginning of two wars (1938/1945) and was a 
POW from 1943 until 1945.  If it had been discovered that he was 
Jewish, he would have been put in a Jewish camp.  He is willing 
to take a lie detector test.   
 
4.  He  captured  a  German  soldier,  put  him  in  the  POW  line  and 
sold his P-38 Luger for 5,000 Francs. 
 
The  applicant's  complete  submission,  with  attachments,  is  at 
Exhibit A. 
 
_________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
On 3 February 1941, the applicant entered active service. 
 
He was shot down during a combat mission, captured and held as a 
POW in Austria from 10 July 1943 to 2 May 1945. 
 

On 13 October 1945, the applicant was honorably discharged from 
the Army of the United States, Air Corps, for Convenience of the 
Government.    He  served  3  years,  7  months  and  10  days  of  total 
active  service  and  is  credited  with  1  year  and  1  month  of 
Foreign Service.   
 
AFPC/DPPPRA notified the applicant they were able to verify his 
entitlement  to  the  PH  for  an  injury  to  his  left  hand  due  to 
flak. 
 
_________________________________________________________________ 
 
POLICY AND LAW: 
 
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. 
 
In  1996,  PH  policy  was  revised  to  expand  eligibility  to 
servicemembers  who  are  injured,  wounded,  or  die  in  captivity, 
while  a  qualifying  POW,  as  determined  by  their  eligibility  to 
wear the POW Medal.  For those who die in captivity their death 
must  have  been  the  result  of  enemy  action,  or  the  result  of 
wounds incurred in action with the enemy during capture, or as a 
result  of  wounds  incurred  as  a  result  of  enemy  action  during 
capture;    unless  compelling  evidence  is  presented  to  the 
contrary.  The revised policy is retroactive to 7 December 1941. 
 
_________________________________________________________________ 
 
AIR FORCE EVALUATION: 
 
AFPC/DPSID  recommends  denial.    DPSID  states  the  applicant  was 
unable  to  provide  any  dates  of  the  injuries,  medical 
documentation, or witness statements to fulfill the criteria for 
award of the PH w/1OLC.  To grant the applicant relief would be 
contrary  to  the  eligibility  criteria  established  by  Department 
of  Defense  Manual  1348.33,  Manual  of  Military  Decorations  and 

 

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Awards.  The PH Review Board has the authority (on behalf of the 
Secretary  of  the  Air  Force),  to  determine  a  veteran’s 
entitlement to 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.    
 
On  21  December  2012,  the  PH  Review  Board  considered  and  denied 
the applicant’s request for award of the PH w/1OLC. 
  
The complete DPSID evaluation, with attachment, is at Exhibit C. 
 
_________________________________________________________________ 
 
APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 
 
A  copy  of  the  Air  Force  evaluation  was  forwarded  to  the 
applicant  on  8  February  2013,  for  review  and  comment  within 
30 days  (Exhibit  D).    As  of  this  date,  this  office  has  not 
received a response. 
 
_________________________________________________________________ 
 
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 
thoroughly  reviewing  the  evidence  of  record  and  noting  the 
applicant’s contentions, we find that he has not met his burden 
of  proving  that  he  should  be  entitled  to  an  additional  PH  for 
injuries he sustained as the result of being hit in the neck by 
German  guards  while  held  as  a  POW.    The  applicant’s  personal 
statement  is  duly  noted;  however,  his  Report  of  Separation 
issued  in  conjunction  with  his  13  October  1945  separation, 
indicates the only wound he received in action was to his left 
hand  when  it  was  hit  by  flak  while  on  a  combat  mission  over 
France.    The  personal  sacrifice  the  applicant  endured  for  our 
nation is noted and our decision in no way diminishes the high 
regard  we  have  for  his  service;  however,  insufficient 
documentary evidence has been presented to substantiate that he 
is  entitled  to  an  additional  PH.    In  view  of  the  above  and  in 
the  absence  of  evidence  to  the  contrary,  we  find  no  basis  to 
recommend granting the relief sought in this application. 
 
_________________________________________________________________ 
 
 

 

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THE BOARD DETERMINES THAT: 
 
The  applicant  be  notified  that  the  evidence  presented  did  not 
demonstrate  the  existence  of  material  error  or  injustice;  that 
the  application  was  denied  without  a  personal  appearance;  and 
that  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  Docket  Number    
BC-2012-02887  in  Executive  Session  on  28  March  2013,  under  the 
provisions of AFI 36-2603: 
 
Panel Chair 
 
 
Member 
 
Member 
 
The following documentary evidence was considered: 
 
    Exhibit A.  DD Form 149, dated 26 June 2012, w/atchs. 
    Exhibit B.  Applicant’s Master Personnel Records 
    Exhibit C.  Letter, AFPC/DPSID, dated 25 January 2013,  
                w/atch. 
    Exhibit D.  Letter, SAF/MRBR, dated 8 February 2013. 
 
 
 
 
                                    
                                   Panel Chair 

  
  
  

 
 
 

 

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