RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2002-03598
		INDEX CODE:  107.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be awarded the Purple Heart Medal.

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APPLICANT CONTENDS THAT:

When he parachuted out of the airplane and hit the frozen ground he was knocked unconscious.  When he became conscious he saw a pistol pointed at his face.  He was marched down an icy road for 4 or 5 miles and placed in a guarded shack room until the German military came and took charge of him.  While in transit to Stalag Luft Interrogating Center they were paraded in a large railroad station in Manheim, Germany, where it was announced over the PA system that they were the terror fliegers who had bombed Regensburg.  An angry mob surrounded them and they made ugly faces and started screaming and began to beat them with their fists.  They were going to hang them in the railroad station, however, in the middle of the frenzy and air raid siren went off and everybody ran off immediately for their shelters.  The few Germans who were guarding them hustled them down to a basement locker and hid them from the mob.  The next day when all was clear from the mob they put them on a train to go to Stalag Luft in Frankfurt, Germany.

The applicant did not provide any documentation in support of the appeal.

Applicant's complete submission is attached at Exhibit A.

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STATEMENT OF FACTS:

The applicant served on active duty during the period 14 August 1943 to 8 January 1946, with an overseas tour in the European Theater of Operations during the period 30 November 1943 to     12 June 1945.  His Report of Separation reflects the award of the Air Medal with 2 Oak Leaf Clusters, European-African-Middle Eastern Campaign Medal with 4 Bronze Service Stars, and World War II Victory Medal.  He is also entitled to the American Campaign Medal and POW Medal, which have been added to his Report of Separation.

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AIR FORCE EVALUATION:

AFPC/DPPPR states that on 6 January 2003, they informed the applicant that specific information and documentation were needed to verify his claim for award of the Purple Heart Medal.  He responded on 16 January 2003, but still did not provide any official documentation or statements of corroboration to support his claim of being injured or wounded as a direct result of enemy action.  Since his records were destroyed in the 1973 fire at the National Personnel Records Center, the only documents regarding his military service are those he and the VA provided.

The only service injury found regarding the applicant was reconstructed from hospital admission cards by the Office of the Surgeon General.  It shows that the applicant sprained his knee playing baseball in December 1943 and was in the hospital for 20 days because of this injury.  No further hospital admission cards were found.

The applicant did not make a VA claim until 1996, when his POW status was verified to the VA.  The applicant stated he had never received the POW Medal, but he never applied for it.  He has been provided a complete set of his awards and decorations.

In the VA medical examination, the applicant was diagnosed with normal joint impairment due to age.

The applicant was not seen by the VA until 1996 and, at first, was denied compensation due to lack of documentation showing service-connected disability.  However, the VA has presumed service connection for the applicant’s arthritis and inability to be employed at age 74.  Although the applicant was a POW during WWII, he never applied for the award of the medal or update of his Report of Separation.  His Report of Separation reflects no wounds received in action.  The applicant has not provided any official documentation showing that he was wounded or injured as a direct result of enemy action or that he received medical treatment at any time for such a wound or injury.  Without documentation to substantiate his claim, DPPPR cannot verify the applicant’s eligibility for the award of the Purple Heart Medal.  

On 7 February 2003, AFPC/DPPRSP informed the applicant that there was an error on his WD AGO Form 53-98, Military Record and Report of Separation Certificate of Service, effective 8 January 1946, and the DD Form 215, Correction to DD Form 214, Certificate of Release or Discharge from Active Duty, had been completed to correct item 29 of his WD AGO Form 53-98.  Therefore, they recommend denial of applicant’s request.

A complete copy of the evaluation, with attachments, is attached at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states that they were almost “hanged” by an angry mob in a German railway station in Mannheim, Germany where they were punched, pushed, shoved, spit at, ridiculed, etc, before they were miraculously saved by an air raid.

After being interrogated at Stalag Luft and spending several days in solitary confinement because he refused to tell the interrogators anything but his name, rank, and serial number - then they placed him and many other POWs into “40 & 8” box cars for four (?) days’ travel to Barth, Germany on the Baltic Sea - Stalag Luft 1.  They were treated like animals, being bunched together with no sanitation.  A few times the train would stop and they would let them get out to go urinate or defecate or whatever if one had not already done it in their clothing.  They had no rest or sleep during this train ride.

In addition to this, he wants to add his following remarks:

    1.  Getting shot down and being thrown around in a spinning aircraft was a result of enemy action.  He ricocheted off the walls and the protruding ends of 50 cal machine guns and other instruments located in the nose of their B-17 bomber.  This type of injury definitely is a result of enemy action.

    2.  Bailing out of a doomed aircraft was frantic and treacherous.  Their B-17 eventually wound up in a horribly severe spin that provided centrifugal force such that they could barely move, their downward spin must have lasted for over 12,000 feet because, as they learned later in life, they were reported dead because no parachutes were seen by other aircraft as their plane headed for a crash!  This document is from a 97th Bomb Group history book entitled “The Hour Has Come” - The 97th Bomb Group in World War II.  Copyright @ 1993, Library of Congress Number 93-060460-pages 152 and 153.

    3.  After finally bailing out of doomed aircraft he crashed on to the frozen ground and was knocked unconscious.  This injury, also, was the result of enemy action!

In response to his previous letter of 16 January 2003 under discussion, it was stated that the applicant had not provided any official documentation showing that he was wounded or injured as a direct result of enemy action or that he received medical treatment at any time for such a wound or injury.

Now he asks the Board how could he have received any medical treatment at the time of these injuries, and he cannot provide any documentation to substantiate his claims.  All he can do is tell it to the way it was.

A copy of applicant’s response is attached at Exhibit E.

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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.  We took notice of the applicant's submissions in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force and adopt their rationale as the basis for the conclusion that the applicant has not been the victim of an error or injustice.  The applicant has not provided any corrobrative documentation or witness statements which would lead us to believe he was wounded or injured as a direct result of enemy action or that he received medical treatment at any time for such a wound or injury.  While we are not unappreciative of the applicant’s service to the nation, without some medical evidence relating to treatment, evidence of scarring from a wound or injury which qualifies under the criteria for award of the Purple Heart Medal, or witness statements in support of the applicant’s claims, the applicant’s request is not favorably considered.

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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 29 April 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered in connection with AFBCMR Docket No. BC-2002-03598:

	Exhibit A.	DD Form 149, dated 8 Nov 02.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPPPR, dated 4 Feb 03, w/atchs.
	Exhibit D.	Letter, AFBCMR, dated 28 Feb 03.
	Exhibit E.	Applicant’s Response, dated 23 Mar 03.