RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2002-03224
		INDEX CODE:  107.00
	  	COUNSEL:  NONE

	 	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) Medal and all other medals he earned but never received.  His rank be corrected to reflect he was promoted to staff sergeant.

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APPLICANT CONTENDS THAT:

He should have been awarded the PH based on injuries he received from the German military after he was captured when his airplane crashed.  He states that after his capture, the Germans struck him many times with their pistols and rifles, and that no record of injuries were kept by the Germans on prisoners of war (POW).  

In support of his request, the applicant submits a letter from the Department of Veterans Affairs (DVA), a copy of an Army of the United States Honorable Discharge Certificate, and a copy of his Army Separation Qualification Record.

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

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STATEMENT OF FACTS:

The applicant’s available records reflect he enlisted in the Army Air Corps on 27 December 1943, and was released from active duty on 27 October 1945.  His report of separation reflects an honorable discharge and an overseas tour in the European Theater of Operation during the period 27 October 1944 through 10 July 1945.  His report of separation reflects award of the Good Conduct Medal and the European-African Middle Eastern Campaign Medal with one Bronze Service Star.  He is also entitled to the POW Medal, American Campaign Medal, and World War II Victory Medal.  His report of separation will be corrected to reflect these awards after the AFBCMR makes a final determination on applicant’s requests.

Applicant withdrew his application on 26 September 2003.  On 29 June 2004, he requested the continued processing of his case.

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial of the applicant’s request for award of the PH medal.  His report of separation does not reflect him having received any wounds in action.  There are no active duty medical records available and, according to DVA, his active duty medical records were not available in 1991.  In statements to the DVA, the applicant stated that he was beaten with sticks and stones by civilians after his capture.

Applicant has not provided any specific information regarding an injury received during WWII as a direct result of enemy action, nor has he provided any documentation showing he received medical treatment for any injury.  Without any information or documentation a verification of his eligibility for the PH medal cannot be made.  Since there was nothing to substantiate the applicant’s claim, the case was not submitted to the Purple Heart Review Board.  However, there is no indication in the applicant’s records that he received recognition for his aerial achievements after being shot down and held as a prisoner of war.  He should have been awarded the Air Medal.

AFPC/DPPPR recommends approval of applicant’s request for award of the Air Medal for the period 3 November 1944 through 5 December 1944, for meritorious achievement in aerial flight against the enemy in the European Theater of Operations.

The DPPPR evaluation, with attachments, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He was rushed through the process of out-processing and neglected to ensure his discharge papers reflected his achievements.  He states that the DVA records are incomplete because the records do not show that he sought medical attention for digestive problems one year after being discharged.  He is unable to provide statements from other POW’s at this late stage.  He provides a written account of his experience in a letter to the DVA.

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

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ADDITIONAL AIR FORCE EVALUATION:

Based on the additional documentation provided by the applicant an addition Air Force Evaluation was provided.  AFPC/DPPPR recommends denial of the applicant’s request for award of the PH medal.  As to the applicant being rushed through his separation process, he did not give any information as to why he did not provide any information regarding injuries or wounds when he was released from POW status or make any claims regarding having injuries during any VA examination until 1988 when he stated he injured his left lower back and right knee when his aircraft crashed.  Examination at the time showed no back or knee problems.  He discussed his capture, interrogation, and illness while in captivity, but did not mention any beating by the Germans.  In other clinical records, under injuries, it states, “None reported.”  His 15 May 1962, medical examination for appointment in the Reserves shows no scars evident and no claim of injuries or wounds suffered while a POW.  It should be noted that the applicant made no claim of being wounded or injured during WWII until VA changed their policy on care services provided to PH Medal recipients.  The applicant has not provided any documentation or corroborating evidence that he suffered any injuries or wounds while a POW in Germany.

The DPPPR evaluation, with attachments, is at Exhibit F.

AFPC/DPPPWB recommends denial.  Military Personnel Division, ASF, Department of the Army Message 212259Z Sep 45, states that recovered personnel must have been absent from military control under honorable conditions for eighteen months or longer, and have not received a one grade promotion since return to military control, in order to be eligible for a POW promotion.  Since the applicant was a POW for approximately 5 months, he does not meet the prerequisites for a promotion.

The DPPPWB evaluation is at Exhibit G.

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APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

The applicant states that during his discharge processing he was advised to give the fastest answers possible in order to rush through the required paperwork for discharge.  He has now learned that a lot of discharge centers had separating members list their experiences in detail, were given physical exams and awarded all eligible medals.  He was seen by the DVA one year after discharge and all wounds and scars were documented at that time.  Those records have since been lost.  He was granted 100% disability by the DVA in 1995 as a result of illness and injuries during his time as a POW.  Obtaining statements from other POW’s who were with him is virtually impossible at this time.  He has heard from only one person, but that person subsequently suffered a stroke and has not provided a statement.  He was told by a POW service officer to relate his experience in a letter to the DVA, which he has done and a copy was also sent to the AFBCMR.  When he was a POW the Germans did not maintain medical records.  The fact is, he was blown out of the air by two volleys of 88mm cannon fire, which riddled the aircraft and wounded most crewmembers.  He learned from other crewmembers of his aircraft, that all crewmembers that were present at Camp Lucky Strike in France in May 1945 were awarded the PH.

His complete submission, with attachments, is at Exhibit I.

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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.	Sufficient relevant evidence has been presented to demonstrate the existence of an injustice.  After a thorough review of the applicant’s submission, we are persuaded by the applicant's assertion of his alleged injury during his aircraft's mission over Hanover, Germany, that it is possible he did sustain wounds as a direct result of enemy fire while he was serving on that mission during World War II.  The Board also believes the absence of any information pertaining to the asserted wounds from the existing records is not surprising considering the member was captured and held as a prisoner of war (POW), which may have deprived him of appropriate medical care and prevented the proper documentation of his medical records.  In view of the foregoing and in recognition of his service to the Nation, it is our opinion that any doubt concerning the applicant’s entitlement to the PH should be resolved in his favor.  In regard to the applicant’s request for a one-grade promotion, recovered personnel must have been absent from military control for eighteen months or longer in order to be eligible for a POW promotion.  Since the applicant was a POW for approximately five months, he is not eligible for a promotion.  Accordingly, we recommend that his records be corrected to the extent indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that:

a.	He was awarded the Purple Heart for injuries he received in action against an enemy of the United States during a mission over Hanover, Germany, on 5 December 1944.

	b. He was awarded the Prisoner of War Medal, the American Campaign Medal and the World War II Victory Medal.

	c. e was awarded the Air Medal for the period 3 November 1944 through 5 December 1944, for meritorious achievement in aerial flight against the enemy in the European Theater of Operations.

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The following members of the Board considered Docket Number BC-2002-03224 in Executive Session on 10 August 2004, under the provisions of AFI 36-2603:

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

	Exhibit A.	DD Form 149, dated 7 Sep 02, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPPPR, dated 15 Apr 03, w/atchs.
	Exhibit D.	Letter, SAF/MRBR, dated 13 Dec 02.
	Exhibit E. Letter, Applicant, dated 27 May 03, w/atchs.
	Exhibit F.	Letter, AFPC/DPPPR, dated 8 Aug 03, w/atchs.
	Exhibit G. Letter, AFPC/DPPPWB, dated 8 Aug 03.
	Exhibit H.	Letter, SAF/MRBR, dated 29 Aug 03.
	Exhibit I. Letter, Applicant, undated, w/atchs.

	

AFBCMR 2002-03224

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that:

a. He was awarded the Purple Heart for injuries he received in action against an enemy of the United States during a mission over Hanover, Germany, on 5 December 1944.

b. He was awarded the Prisoner of War Medal, the American Campaign Medal and the World War II Victory Medal.

c. He was awarded the Air Medal for the period 3 November 1944 through 5 December 1944, for meritorious achievement in aerial flight against the enemy in the European Theater of Operations.