RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: 02-02189
		INDEX CODE:  107.00
		COUNSEL:  NONE
  	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) Medal.

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APPLICANT CONTENDS THAT:

The applicant and the applicant’s son make the following contentions.

On 13 December 1943, he suffered injuries while bailing out of a crippled B-17 over enemy territory that resulted in his capture and incarceration as a Prisoner Of War (POW).  He was a navigator on a B-17 with the 306th Bomber Group.  During a raid on a German position over the North Sea, his plane took a direct hit from an anti-aircraft battery.  He survived by parachuting out of the plane into the frigid waters of the North Sea.  He suffered cuts, bruises, lacerations, trauma, and severe hypothermia.  He spent time in a POW hospital recovering from his wounds before being transferred to Stalag Luft 1, GE for 19 months.   

In support of their appeal, the applicant’s son provides a personal statement, copies of the applicant’s retirement orders, individual flight record, certificate of service, Headquarters, Army Air Forces letter regarding, a personal statement from the applicant, and bulletin articles regarding the POW experience.  

Their complete submission, with attachments, is at Exhibit A. 

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STATEMENT OF FACTS:

Applicant was inducted into the Army of the United States on 19 March 1941 and entered active duty on same date, was assigned to duty in the Air Corps, and was progressively promoted to the grade of sergeant.  He performed duties as a Radio Operator.  On 31 December 1942, he was appointed an aviation cadet and entered into Aviation Cadet (Air Crew) Training.  Having successfully completed training, he was awarded the aeronautical rating of Navigator and his appointment as an aviation cadet was terminated.  He was honorably discharged on 4 August 1943 for the Convenience of the Government (Commission).  On 5 August 1943, he was appointed a second lieutenant, Army of the United States, Air Corps.  

The applicant was assigned to the 367 Bombardment Squadron, in the European Theater of Operations as a Navigator, from 15 November 1943 through 11 June 1945, when he returned to the Continental United States.  He was reported Missing in Action on 13 December 1943 and his status as a Prisoner of War was confirmed on 21 January 1944.  He was liberated by the Russian Army on 1 May 1945 and returned to U.S. military control on 13 May 1945.

On 15 October 1945, the applicant was appointed a second lieutenant, Officers’ Reserve Corps, Army of the United States, Air Corps.  He reverted to inactive status on 15 December 1945, for the Convenience of the Government (Demobilization).  He was credited with 11 months and 5 days of continental service and 1 year and 5 days of foreign service as a commissioned officer.  His separation document shows he participated in the Air Offensive Over Europe and the European campaigns.  He was awarded the European-African-Middle Eastern Service Theater Campaign Ribbon.  

The applicant enlisted in the grade of master sergeant on 31 July 1946 and continued to enlist and serve until 1 July 1964, when he was retired in the grade of second lieutenant (the highest commissioned grade he held on active duty).  He was credited with 22 years, 7 months and 27 days of active service for retirement and 23 years, 3 months and 12 days of active service for basic pay.  As a Reserve officer in inactive status, he had been progressively promoted to the grade of major and, therefore, he was transferred to the Retired Reserve Section in his Reserve grade of major.

By letter, dated 26 December 2002, the Awards and Decorations Section, advised the applicant that his military records were thoroughly reviewed and that he did not provide sufficient information and documentation to substantiate his claim for the Purple Heart Medal.  In this same letter, the applicant was advised that a detailed description of how he sustained his injuries and medical documentation to prove he was treated for these injuries would be required in order to process his request for the PH award.  On 8 January, 24 January and 10 February 2003, applicant responded by providing additional documentation.  

By letter, dated 3 December 2002, AFPC/DPW, requested that the applicant’s discharge document be corrected to reflect he was a POW from 13 December 1943 to 13 May 1945 and that he be considered for award of the Purple Heart (See Exhibit D).

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends the application be denied.  DPPPR states there is no evidence in the applicant’s military personnel records that support he was injured as a direct result of enemy action (hypothermia is considered an indirect result).  The applicant’s VA medical records only make reference to hypothermia (by inference) on 22 May 44, when the applicant said he suffered from “exposure,” but did not provide any further information.  The AFPC/DPPPR evaluation, with attachments, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 11 April 2003, a copy of the Air Force evaluation was sent to the applicant for review and comment.  As of this date, this office has not received a response.  

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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.  The applicant contends that he should be awarded the Purple Heart for injuries suffered when he bailed out and landed in the North Sea.  After a thorough review of his submission and the supporting documentation he provided, to include the applicant’s detailed account of events, we are not persuaded that he should be awarded the Purple Heart Medal.  We took notice of his 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 and adopt their rationale as the basis for our conclusion that the applicant has not provided any documentation showing he meets the basic criteria for award of the Purple Heart.  There is no evidence that the injuries he alleges he sustained at bailout were a direct result of enemy action.  In addition, hypothermia is considered an indirect result and, therefore, is not qualifying for award of the Purple Heart Medal.  The applicant did not provide any current medical evidence of scarring or other residuals of the asserted injuries that would persuade us that he had an injury, which warranted the award of the Purple Heart Medal.  However, should the applicant obtain testimonies from other former POWs or members from his unit who were on the mission when his plane went down and can account for his injuries, he may, of course, submit another request and the Board will review this new evidence.  Otherwise, without persuasive evidence that he was wounded as a direct result of enemy action, we find no compelling basis to warrant favorable consideration of his application.  The personal sacrifice the applicant endured for his country is noted and the recommendation to deny the requested relief in no way diminishes the high regard we have for his service; however, insufficient documentary evidence has been presented to warrant relief.  Therefore, 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.

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The following members of the Board considered this application in Executive Session on 9 July 2003, under the provisions of AFI 36‑2603:

The following documentary evidence for AFBCMR Docket Number 02-02189 was considered:

    Exhibit A.  DD Form 149, dated 3 Jul 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 3 Apr 03, w/atchs.
    Exhibit D.  Letter, AFPC/DPW, dated 3 Dec 02 w/atchs.
    Exhibit E.  Letter, SAF/MRBR, dated 11 Apr 03.