RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00899 
		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:

His military personnel records are incomplete.  There is no indication of an aircraft accident and his being held prisoner of war (POW).  He indicates that an allied aircraft hit his aircraft.  The aircraft that hit him and his crew exploded and no crewmember survived.  His plane was still able to fly and they attempted to continue but it too exploded after 80 miles of flight.  He was thrown out of the plane, injuring his knee, hitting his head and was knocked unconscious.  He was found by a German soldier and taken to Frankfurt and then Barth, Germany and held prisoner at a German POW camp.

In support of his appeal, the applicant provided a personal statement, Prisoner of War List, and other documentation.

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

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STATEMENT OF FACTS:

The applicant enlisted in the Army Air Corps on 18 March 1942 and was honorably discharged as an aviation cadet on 10 March 1943.

On 11 March 1943 he was appointed and commissioned in the United States Army Air Corps Reserve as a Second Lieutenant.

On 3 November 1943, the applicant was reported as Missing in Action (MIA).  On 26 November 1943, his status was changed to Prisoner of War (POW).  The applicant’s father was notified on 25 May 1945 that the applicant was returned to military control on 1 May 1945 when Paris was liberated.

On 9 January 1946, he was tendered and accepted an appointment in the Officers’ Reserve Corps (ORC), Army of the United States.

The applicant’s WD AGO Form 63 Report of Physical Examination, dated 10 January 1946 reflects the following medical history:  On 3 October 1945 he was hospitalized to repair varicosele; Phlebitis - left leg; and Bells Palsy.

On 19 April 1946, the applicant was honorably discharged in the grade of captain under the provisions of RR 1-5 Convenience of the Government - Demobilization.  He served a total of three years, one month, and eight days total active service.

On 20 April 1946, the applicant was appointed in the Air Force Reserves in the grade of captain.

On 1 August 1963 the applicant was assigned to the Retired Reserve, in the grade of major under the provisions of AFM 35-7B.  He completed served 20 years of honorable service.

According to the applicant’s WD AGO Form 53-98 he received the following decorations and citations: European-African-Middle Eastern Theater Ribbon with Two Oak Leaf Clusters, American Theater Ribbon, World War II Victory Medal.

On 28 July 2003, the following awards were added to the applicant’s Report of Separation:  The Air Medal with three Oak Leaf Clusters, Distinguished Unit Citation, Prisoner of War Medal (Germany: 3 November 1943 - 1 May 1945), American Campaign Medal, European-African-Middle Eastern Campaign Medal with One Bronze Service Star.

On 13 April 1946 the Veterans Administration (VA) awarded the applicant a ten percent disability rating resulting from the following conditions held to have incurred or aggravated during his time in World War II:  Scar on left groin.  Nervous stomach, or residuals of malnutrition, fractured leg, and skin disease which were claimed by the applicant, but were not shown by the evidence of record, and were not shown on the medical examination at the time of discharge.

Effective 20 November 1998, the DVA found the following disabilities had increased in severity:

	Evaluation of traumatic arthritis, right knee which was 10% increased to 30% disabling.

	Evaluation of bells palsy, right side of face which was 10% increased to 50% disabling.
	Evaluation of anxiety disorder which was 10% increased to 50% disabling.

	His overall evaluation is 70% but since he had been granted individual unemployability he will be paid at the 100% rate.

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AIR FORCE EVALUATION:

AFPC/DPW recommended the applicant’s records be corrected to reflect that he was a POW from 3 November 1943 to 1 May 1945.

The evaluation, with attachments, is at Exhibit C.

AFPC/DPPPR recommend denial.  They indicated that the applicant did not provide any documentation to substantiate his claim.  His medical records of January and April 1946 have no mention of an injury incurred prior to his being a POW.  Since he was not injured as a result of enemy action, he is not eligible for award of the Purple Heart Medal.

The evaluation, with attachments, is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 8 August 2003, copies of the Air Force evaluations were forwarded to the applicant for review and response within 30 days.  As of this date, no response has been received by this office.

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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 an error or injustice.  The applicant claims that his records are incomplete because they do not reflect an aircraft accident or that he was held as a POW.  He indicates that an allied aircraft hit his aircraft, exploded and no crewmembers survived from the allied aircraft.  His plane exploded after 80 miles of flight, then he was thrown from the plane, injuring his knee, hitting his head, and was knocked unconscious.  He was found by a German soldier and was held at a German POW camp.  AFPC/DPW has corrected the applicant’s records to reflect he was a POW from 3 November 1943 to 1 May 1945.  With regard to the PH issue, it is noted that 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, or forced aircraft bail out injuries due to the aircraft being shot down).  However, there is no indication in his service medical records to substantiate that he was injured as a direct result of enemy action.  The personal sacrifice the applicant endured for his country is noted and our decision in no way diminishes the high regard we have for his service; however, insufficient documentary evidence has been presented to warrant awarding him the Purple Heart.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of an 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 AFBCMR Docket Number BC-2003-00899 in Executive Session on 4 September 2003 under the provisions of AFI 36-2603:

			Panel Chair
			Member
			Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 12 March 2003, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPW, dated 5 May 2003, w/atchs.
   Exhibit D.  Letter, AFPC/DPPPR, dated 23 July 2003, w/atchs.
   Exhibit E.  Letter, SAF/MRBR, dated 8 August 2003.

                                   
                                   Panel Chair