RECORD OF PROCEEDINGS 
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2003-03192
		INDEX NUMBER: 100.00

	XXXXXXX	COUNSEL:  NONE

	XXXXXXX	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be awarded an oak leaf cluster to the Purple Heart (PH) for wounds he received while interned as a Prisoner-of-War (POW).

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THE APPLICANT CONTENDS THAT:

He was a POW from 24 March 1945 to 30 March 1945.

In support of the appeal, applicant submits extracts from his Department of Veterans Affairs (DVA) records, a copy of his unit history, and his personal statement.

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

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STATEMENT OF FACTS:

The applicant is a retired Air Force major who served in the Army Air Corps as a navigator from 4 December 1943 to 26 September 1947, at which time he was transferred to the Regular Air Force.  He served in the European Theater of Operations (ETO) from September 1944 to March 1945, as a C-47 navigator.  He was awarded the Purple Heart (PH) on 8 April 1945, for wounds received in the ETO on 24 March 1945.

In a DD Form 2510, Prisoner-of-War (POW) Medal Application/Information, dated 25 March 1988, the applicant indicated that he was interned in a German Hospital at Velen, Germany, from 24 March 1945 to 30 March 1945, and never got to a Stalag.  He was approved for award of the POW medal on 7 September 1988.

The PH is awarded for wounds received as a direct result of enemy actions (i.e., gunshot or shrapnel wounds, hand-to-hand combat wounds, forced aircraft bail out injuries, etc.).  A recent change now extends the eligibility for award of the PH to former prisoners of war (POW) that were held prior to 25 April 1962 and suffered wounds or injuries at the hands of their captors.  In addition, it is necessary the wound required or received treatment by medical personnel.  Indirect injuries do not meet the criteria for award of the PH.

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends the application be denied and states, in part, that there is no medical documentation in the applicant’s military personnel records, nor has he provided an eyewitness statement to indicate that he was injured as a POW.  He received the PH for wounds he received in March 1945, when he had to bail out of his aircraft.

The AFPC/DPPPR evaluation is at Exhibit D.

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APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 19 March 2004 for review and response.  However, as of this date, this office has received no response.

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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 evidence of record and noting the applicant’s contentions, we are not persuaded that he has been the victim of an error or injustice.  In this respect, we note the Purple Heart (PH) is awarded for wounds received as a direct result of enemy actions (i.e., gunshot or shrapnel wounds, hand-to-hand combat wounds, forced aircraft bail out injuries, etc.).  In addition, the PH may be awarded to former prisoners of war (POWs) that were held prior to 25 April 1962 and suffered wounds or injuries at the hands of their captors.  The applicant was awarded the PH on 8 April 1945, for wounds he received during a forced aircraft bail out on 24 March 1945.  The personal sacrifice he 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 demonstrate that he suffered wounds or injuries at the hands of his captors while a POW.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to award him an additional PH.

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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 Docket Number BC-2003-03192 in Executive Session on 14 April 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 17 Sep 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, undated.
    Exhibit D.  Letter, SAF/MRBR, dated 19 Mar 04.