RECORD OF PROCEEDINGS 
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2003-03304
		INDEX NUMBER: 107.00

	XXXXXXX	COUNSEL:  NONE

	XXXXXXX	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 receive the PH for wounds he received during World War II while interned as a Prisoner-of-War (POW) of the German Army.

During a 9 March 1998 medical examination at the Veterans Administration Medical Center in Shreveport, LA, the applicant indicated that when he was taken as a POW in Europe in 1944, his parachute collapsed and he fell for the last 50 to 60 feet, injuring the whole right side of his body and his left wrist.

In support of the appeal, applicant submits extracts from his military and Department of Veteran Affairs (DVA) records.

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

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STATEMENT OF FACTS:

The applicant is a former Army Air Corps member who served on active duty from 2 November 1942 to 22 October 1945.  From 12 April 1944 to 2 June 1945, he was assigned to the XXXst Bombardment Squadron, XXXth Bombardment Group, XXth Air Force, as a B-24 flight mechanic and gunner.  During this period, he participated in the Rome-Arno, Northern Appennines, Po Valley, Southern France, and Air Combat Balkans battles and campaigns.  While on a bombing mission over Munich, Germany, on 13 June 1944, his aircraft was shot down and he was forced to bail out.  He was captured by the German army and interned as a POW until his repatriation on 29 April 1945.  On 4 October 1945, a ganglion cyst was excised from his left wrist.  The ganglion cyst was determined to have been incurred in the line of duty.  During his discharge physical on 21 October 1945, he indicated that he bailed out over Germany in 1944 and injured his left wrist and left knee.  

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 that the wound have 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 applicant has provided no medical evidence showing that he was injured while a POW, and there is no evidence in his military medical records to indicate he was injured while a POW.

The AFPC/DPPPR evaluation is at Exhibit C.

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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 26 March 2004 for review and response within 30 days.  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 that 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, it is necessary that the wound have required or received treatment by medical personnel.  Although applicant contends he sustained injuries while a POW of the German army, we find insufficient evidence to substantiate this contention.  Based on the evidence of record, it appears that prior to his capture by the German army, he was injured during his forced bailout as a result of his aircraft being shot down.  However, we are not persuaded that the injury required or received treatment by medical personnel.  While his records indicate that in 1945 he had a ganglion cyst excised from his left wrist, the cause was undetermined.  Additionally, in 1988, the Veterans Administration determined the evidence of record did not show right ankle or right knee injuries.  The personal sacrifice 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 substantiate that he has a qualifying injury that required or received treatment by medical personnel, to warrant awarding him the PH.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.  However, should the applicant provide such evidence, the Board would be willing to reconsider his request for the 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-2003-03304 in Executive Session on 3 August 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 7 Aug 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 12 Mar 04.
    Exhibit D.  Letter, SAF/MRBR, dated 19 Mar 04.