RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2003-00533

	 	COUNSEL:  XXXXX

	 	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH).

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THE APPLICANT CONTENDS THAT:

He should be awarded the PH for wounds he received when he was beaten with a rifle butt on his lower back by German soldiers while a Prisoner-of-War (POW).  He is receiving a 20% disability compensation rating from the Department of Veterans Affairs (DVA) for the injury to his lower back.

In support of the appeal, the applicant submits a copy of a DVA rating decision.

Applicant’s complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

The applicant is a former member of the Army Air Corps who served on active duty from 24 August 1943 though 6 November 1945, as a B-24 aerial gunner.  From 12 July 1944 through 14 June 1945, he participated in the Normandy and Northern France campaigns in the European Theatre of Operations.

In a Prisoner of War (POW) Medal Application/Information, dated 3 June 1988, the applicant indicated that he was interned in many places during the period 13 August 1944; in Stalag Luft IV from 9 September 1944 to 27 February 1945; and in Stalag Luft I from 27 February 1945 to 10 May 1945.

On 27 February 2002, the DVA awarded him a combined service-connected disability rating of 40% for Post Traumatic Stress Disorder (PTSD) rated at 30% and PTSD Degenerative Disease Lumbosacral Spine (POW/3) rated at 20%.  The DVA also rated the following conditions as not service-connected (World War II):  presbyopia (farsightedness), hearing loss, residuals diphtheria, residuals frostbite feet, residuals malnutrition, and nervous condition.

On 10 June 2003, applicant’s WD AGO Form 53-55, Enlisted Record and Report of Separation, issued in conjunction with his honorable discharge on 6 November 1945, was administratively corrected to include “Prisoner of War (Stalag Luft IV, Germany 13 August 1944 - 5 January 1945.”

The PH is awarded for wounds received as a direct result of enemy action (i.e., gunshot or shrapnel wounds, hand-to-hand combat wounds, forced aircraft bail out injuries, etc.) that required or received treatment by medical personnel.  In 1996, changes were implemented which extends the eligibility to former POWs that were held prior to 25 April 1962 and suffered wounds or injuries at the hands of their captors.

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends the application be denied and states, in part, that the applicant’s case met the Purple Heart Review Board (PHRB).  While the PHRB agreed that he was a POW, no documentation existed to support that he was beaten, or that he required medical treatment for injuries. Therefore, the PHRB denied his request.  They notified the applicant of the criteria for the PH and requested that he provide additional information, which would substantiate his request.

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

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APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

He did suffer the atrocity of beatings to his lower back while a POW at Stalag Luft IV and the DVA has determined his lower back condition is service-connected for the injury received while a POW.  As such, it proves that the injury was traumatic.

In further support of the appeal, the applicant submits a statement from a fellow former POW from Stalag Luft IV.

Counsel’s complete submission, with attachments, is 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.  After thoroughly reviewing the available evidence of record and noting the applicant’s contentions, a majority of the Board is not persuaded that his injuries meet the criteria for the Purple Heart (PH).  In this respect, a majority of the Board notes that the applicant was a POW of the German government from 13 August 1944 to 10 May 1945.  The applicant contends that during his internment, he was beaten by a German soldier who used the butt of his rifle to strike his lower back.  In support of his appeal, he submits a statement from a former POW attesting to the great hardships they endured while a POW and copies of his DVA records.  However, a majority of the Board finds that the former POW’s statement lacks any specific details regarding the incident alluded to by the applicant, and that his DVA records do not substantiate that he was injured as a direct result of enemy action.  The personal sacrifice the applicant endured for his country is noted and the majority of the Board’s decision in no way diminishes the high regard we have for his service; however, we find insufficient documentary evidence warranting award of the Purple Heart.  Therefore, in the absence of evidence to the contrary, a majority of the Board finds no compelling basis to recommend granting the relief sought in this application.

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RECOMMENDATION OF THE BOARD:

A majority of the Board finds insufficient evidence of error or injustice and recommends the application be denied.

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The following members of the Board considered Docket Number BC-2003-00533 in Executive Session on 21 August 2003, under the provisions of AFI 36-2603:

				Panel Chair
				Member
				Member

By majority vote, the Board recommended denial of the application.  Ms. XXXXXXXX voted to correct the records and has submitted a minority report which is attached at Exhibit F.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 7 Feb 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 6 Jun 03, w/atchs.

    Exhibit D.  Letter, SAF/MRBR, dated 17 Jun 03.
    Exhibit E.  Letter, DVA, dated 24 Jun 03, w/atchs.
    Exhibit F.  Letter, Minority Report.

                                   
                                   Panel Chair

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR 
			    CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT: APPLICANT

	The majority of the Board recommends denial of the applicant’s request to be awarded the Purple Heart (PH) on the basis that insufficient documentary evidence has been presented to substantiate that he was beaten by German soldiers while a prisoner-of-war (POW), or that his injuries required medical treatment.  I disagree.

	The evidence of record indicates that the applicant was a POW of the German government from 13 August 1944 to 10 May 1945.  Furthermore, the statement from a former POW corroborates the applicant’s recollection of the events as being true and correct.  In addition, his Department of Veteran Affairs (DVA) records indicate that he has post-traumatic degenerate joint disease lumbosacral spine, and residuals of diphthereia, frostbite, malnutrition and a nervous condition.  More importantly, in the absence of a reasonable basis to question the integrity of this 81-year-old World War II veteran, I believe it would be an injustice to deny him the requested relief.

	In view of the above, I find that the applicant has satisfied his burden to show there has been an error or injustice.  Therefore, based on a totality of the evidence presented, I believe the interest of justice can best be served by resolving this issue in the applicant’s behalf.

							
							Panel Member

MEMORANDUM FOR THE	EXECUTIVE DIRECTOR, AIR FORCE BOARD 	FOR
				CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  APPLICANT

	I have carefully considered all the circumstances of this case and do not agree with the majority members of the panel that the applicant’s request should be denied.

	The majority of the panel found that the documentation submitted by the applicant lacked any specific details regarding the incident to which eluded, and that his Department of Veterans Affairs records do not substantiate that he was injured as a direct result of enemy action.  

	The applicant’s military records indicate that he was a Prisoner-of-War (POW) of the German government from 13 August 1944 to 10 May 1945, to include internment in Stalag Luft IV from 13 August 1944 to 5 January 1945.  The applicant contends that during his internment, he was beaten by a German soldier who used the butt of his rifle to strike his lower back and provides a statement from a fellow former POW from Stalag Luft IV in support of this contention.  While the majority of the panel finds this statement lacking any specificity regarding the incident, I agree with the minority member that the statement corroborates the applicant’s recollection of the events as being true and correct.  In addition, the applicant’s Department of Veteran Affairs (DVA) records indicate that he has post-traumatic degenerate joint disease Lumbosacral spine, and residuals of diphtheria, frostbite, malnutrition and a nervous condition as a result of his internment.  I also recognize that in 1945, he was still interned at Stalag Luft IV, when thousands of American POWs interned there were marched 600 miles in 86 days during one of the cruelest winters of record.  In February 1996, changes were implented to the Purple Heart criteria; whereby, eligibility was extended to former POWs that were held prior to 25 April 1962 and suffered wounds or injuries at the hand of their captors.  Clearly, the applicant’s case is one of those intended in the change.  In consideration of this, and the evidence presented in support of this appeal, I find he has established a reasonable doubt that his injuries were the direct result of enemy action.  Based on the totality of the evidence presented, I believe the interest of justice can best be served by resolving the benefit of the doubt in favor of this 81-year-old World War II veteran.  Therefore, I direct that his request be approved.

Director
Air Force Review Boards Agency

AFBCMR BC-2003-00533

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 he was awarded the Purple Heart for injuries received while a Prisoner-of-War of an enemy of the United States in Germany in August 1944.

                                                                            
                                                                            Director
                                                                            Air Force Review Boards Agency