RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01716
				INDEX CODE:  107.00
				COUNSEL:  None

				HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

His records be corrected to reflect he received an Oak Leaf Cluster to the Purple Heart (PH) for being a prisoner of war (POW).
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APPLICANT CONTENDS THAT:

He was tortured as a POW in Germany for 11 months and suffered from frostbite, bayonet wounds, dog bites, malnutrition and many other reasons.

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

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STATEMENT OF FACTS:

Applicant’s military records were destroyed in the 1973 fire at the National Personnel Records Center (NPRC).

The available records reveal that the applicant served on active duty from 28 January 1943 to October 1945.  He had an overseas tour beginning on 21 January 1944.  He was shot down and was a POW from 6 June 1944 to 28 April 1945 and was returned to the United States on 14 May 1945.  The applicant received a PH for injuries he sustained on 24 May 1944.  His records reflect he was awarded the European-African-Middle Eastern Campaign Medal with one Bronze Service Star (BSS), Air Medal (AM) with one Silver Oak Leaf Cluster (OLC), the Purple Heart, American Campaign Medal, World War II Victory Medal, and the POW Medal.

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AIR FORCE EVALUATION:

HQ AFPC/DPPPR, on 21 July 2003, informed the applicant that while Section 521 of the National Defense Authorization Act (NDAA) of 1996 authorized award of the Purple Heart to servicemembers who were injured as a POW, the basic criteria for award of the PH must be met.  Such request must include a detailed personal account, medical records showing the injuries were treated and an eyewitness account that the servicemember was wounded by his captors.  The applicant did not respond.

DPPPR further states the applicant has not provided any documentation to show he was injured or wounded as a result of enemy action while he was a POW.  Without documentation showing the applicant incurred an injury or wound as a result of enemy action as a POW, they cannot verify his eligibility for award of the PH.  Based on the information provided, DPPPR recommends denying the applicant's request.

A complete copy of the Air Force evaluation is attached at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 19 September 2003, for review and response.  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 error or injustice.  Although the 1996 NDAA authorized the award of the PH for servicemembers who were injured or wounded while in POW status, it was still required that the basic criteria for the award be met.  The applicant has not submitted any documents to support that he was injured or wounded by his captors while he was a POW.  Without documentation that the applicant received injuries or was wounded by his captors while he was a POW which met the criteria for award of the PH, the applicant’s eligibility for the award cannot be verified.  While we are not unmindful or unappreciative of the applicant’s service to his Nation, in the absence of the evidence substantiating the applicant was injured as a direct result of enemy action while he was a POW, we find no compelling 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 AFBCMR Docket Number BC-2003-01716 in Executive Session on 21 October 2003, under the provisions of AFI 36‑2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 2 Jan 03, w/atchs.
	Exhibit B.	Available Military Personnel Records.
	Exhibit C.	Letter, HQ AFPC/DPPPR, dated 15 Sep 03.
	Exhibit D.	Letter, SAF/MRBR, dated 19 Sep 03.

					Panel Chair