RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2014-01321
 					COUNSEL:  NONE
					HEARING DESIRED:  NO 


APPLICANT REQUESTS THAT:

He be awarded the following awards:

1.  Purple Heart (PH).

2.  Prisoner of War Medal (PWM).  (Will be administratively 
corrected)

3.  The 389th Bombardment Group Distinguished Unit Citation 
(DUC). (Will be administratively corrected for award of the 
Presidential Unit Citation, formerly the DUC)

4.  Other awards he be may be entitled to.  


APPLICANT CONTENDS THAT:

On 11 Apr 44, he was a top turret gunner on a B-24 aircraft that 
was shot down.  He got out of the plane and parachuted onto 
German soil.  His captors took him to a hospital where he was 
treated for severe burns on his head, face and hands.  The 
injuries were from the fire on the plane going through his 
turret position.  His WD-AGO Form 53-55, Enlisted Record and 
Report of Separation Honorable Discharge, Item 34, Wounds 
Received in Action, reflects “11 Apr 44 Germany.”  Item 55, 
Remarks, reflects “Prisoner of War from 11 Apr 44 to 2 May 45 in 
Germany.” 

Upon release from the hospital, he was transported to Stalag 17B 
Prisoner of War (POW) Camp where he remained for 13 months until 
5 May 45 when liberated by U.S. Armed Forces.

At the end of WWII, he was liberated from his POW camp and sent 
back to the U.S. by ship and discharged shortly thereafter.  No 
one was waiting around for commendations or awards and thus no 
medals were awarded upon discharge. 

The applicant provides no rationale as to why the Board should 
consider it in the interest of justice to consider his untimely 
application.  

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

STATEMENT OF FACTS:

The applicant was a member of the Army Air Corps from 6 Jan 
43 to 11 Jun 45.

His WD-AGO Form 53-55, Item 34, reflects “11 Apr 44 Germany.”  
Item 55, reflects “Prisoner of War from 11 Apr 44 to 2 May 45 in 
Germany.” 

The PH is awarded to members of the United States Armed Forces 
who have been wounded, killed or who have died or may hereafter 
die of wounds received in action against an enemy of the United 
States or opposing force as a result of an act of any such enemy 
or opposing armed force, an international terrorist attack or 
during military operations while serving as part of a peace 
keeping force.  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 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.  


AIR FORCE EVALUATION:

AFPC/DPSID recommends denial of the applicant’s request for 
award of the PH. DPSID was unable to locate a signed 
certificate, special order or any other official documentation 
verifying the applicant was recommended for or awarded the PH.  
While the applicant has provided a detailed account of how the 
injury occurred, he has not provided an eyewitness statement or 
medical documentation substantiating the injury was received and 
treated.  While it is highly unlikely treatment for an injury 
would have been documented by a medical professional in a POW 
camp, no medical documentation post internment was provided or 
located such as a physical upon separation.  The applicant’s WD-
AGO 53-55 reflects the applicant received wounds in action on 
11 Apr 44.  While this states the applicant received the injury, 
this entry on its own is not conclusive evidence that the injury 
received on 11 Apr 44 was due to enemy action.   To grant relief 
would be contrary to the criteria established by DoDM 1348.33, 
Manual of Military Decorations and Awards, the Secretary of the 
Air Force and the Chief of Staff.

The PH Review Board has the authority (on behalf of the 
Secretary of the Air Force), 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.  In order to present a request to the PH Review 
Board, a detailed personal account of the circumstances 
surrounding the injury, medical documentation to substantiate 
medical treatment was received and if possible, an eyewitness 
account from an individual who saw the applicant injured.  The 
applicant’s request was not boarded by the PH Review Board due 
to lacking documentation to be considered.

Based on a review of the applicant’s official military personnel 
record, DPSID was able to determine the applicant should have 
been awarded the American Campaign Medal (ACM), World War II 
Victory Medal (WWIIVM), Good Conduct Medal (GCM), Prisoner of 
War Medal (PWM) and the Presidential Unit Citation (PUC).  Upon 
the final decision of the Board, the applicant’s records will be 
administratively corrected by AFPC/DPSOR to reflect the awards.   

A complete copy of the DPSID evaluation is at Exhibit C.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant’s podiatrist provides a letter attesting to an x-
ray of the applicant’s left ankle which has the presence of 
shrapnel.  Additional medical documentation from the clinic 
where he was a patient over the years is forthcoming and will be 
provided.

They were able to locate a copy of the MACR 3781 and within the 
report is a casualty questionnaire from a crew member who said 
the applicant was “burnt about the face.”   Another crew member 
who they met a few years back commented to the applicant that he 
did not recognize him because he only remembered him with a 
severely burned face and hands the last time he saw him in 1944.  

The applicant’s complete submission, with attachments, 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.  Insufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice.  After 
thoroughly reviewing the evidence of record and the letter from 
the applicant’s podiatrist we are not persuaded the applicant 
should be awarded the PH.  While the evidence reflects the 
applicant received wounds in action on 11 Apr 44, we do not find 
the evidence submitted sufficient to determine the applicant 
suffered an injury as a result of the act of an enemy.  Should 
the applicant provide an eyewitness statement from someone who 
witnessed the circumstances surrounding his injury, we would be 
willing to reconsider his request.  The applicant’s personal 
sacrifice and unselfish service to his country is noted and our 
decision in no way lessens our regard for his service; however, 
without documentation to substantiate his injury was caused by 
enemy action, we are unable to verify his entitlement to the PH.  
Therefore, aside from the aforementioned administrative 
corrections for award of the ACM, WWIIVM, GCM, PWM and the PUC, 
we find no basis to recommend granting the additional relief 
sought in this application.


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-2014-01321 in Executive Session on 26 Feb 15 under the 
provisions of AFI 36-2603:

	 , Panel Chair
	 , Member
	 , Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 26 Mar 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSID, dated 7 Jul 14.
 	Exhibit D.  Letter, SAF/MRBR, dated 18 Dec 14.
	Exhibit E.  Letter, Applicant, dated 14 Jan 15, w/atchs.