RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2006-00014
		INDEX CODE:  107.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  7 JUL 07

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APPLICANT REQUESTS THAT:

Her deceased spouse be awarded the Purple Heart Medal and the Purple Heart Medal with One Oak Leaf Cluster.

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APPLICANT CONTENDS THAT:

Her deceased spouse was injured when his plane crashed landed over France on 7 June 1944.  Also, he was a Prisoner of War (POW) and during his POW captivity he was forced marched over distances by enemy handlers and received frostbite to his feet.

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

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STATEMENT OF FACTS:

During the time period in question, the servicemember who had prior service in the United States Marine Corps Reserve and the Army of the United States was appointed a second lieutenant and entered active duty (EAD) in the Army Air Corps on 1 October 1943.  On 20 December 1945, he was honorably discharged in the grade of second lieutenant under the provisions of RR 1-5, as indicated on WD AGO Form 53-98, Military Record and Report of Separation Certificate of Service.

WD AGO Form 100, Separation Qualification Record, reflects his summary of military occupations included a pilot of a two engine aircraft, commander of an aircraft, he was responsible for the safety of a crew, and he supervised the operation of crew duties and ground assignments.

WD AGO Form 53-98, Military Record and Report of Separation Certificate of Service, with a date of relief from active duty of 20 December 1945, indicates the servicemember participated in the Normandy campaign.  The form further reflects the applicant received the following decorations and citations: the Distinguished Unit Citation, the Air Medal, and the European African Middle Eastern Theatre Ribbon with Battle Stars.  Also, in Item 30, Wounds Received in Action reflects “None.”

On 15 July 1944, the servicemember was reported as Missing in Action (MIA).  On 7 June 1944, his status was changed to Prisoner of War (POW).  He was a POW in Germany, from 7 June 1944 to 29 April 1945.

The servicemember retired from the Reserve of the Air Force on 23 October 1980, in the grade of major.  He served a total of 22 years, 4 month, and 9 days of total active duty service and 41 years and 8 months, and 1 day of service for basic pay.

WD AGO Form 66, Officers, Warrant Officer’s, and Flight Officer’s Qualification Record, indicates the servicemember received the following decorations and medals:  Distinguished Unit Citation, Air Medal, Korean Service Medal, Reserve Medal, Air Medal with One Oak Leaf Cluster, and the European African Middle Eastern Campaign Medal with One Bronze Service Star.

Veterans Administration (VA) Form 10-0048, Former POW Medical History, dated 11 March 1993, indicates on 7 June 1944 the servicemember’s aircraft (C-47) was shot down in battle.  He was captured and taken POW.  The servicemember indicated he received injuries to his knees and ankles.  He was taken to different prisons to include, the Dulag Luft 2, Stalag Luft 3, and the Stamenlager 7A.  He received injuries to his back while in captivity.  He also was forced marched for five days in severe cold conditions which caused frostbite.  Specific diseases acquired during captivity included dysentery, worms, skin disease, vitamin deficiency.  During captivity he experienced chest pain, rapid heart beats, skipped or missed heart beats, impaired vision, poor night vision, hearing disorder, toothache, numbness, tingling or pain in the fingers or feet, excessive thirst, dry scaly skin, numbness or weakness in the arms or legs, boils, pale skin, nausea, vomiting, diarrhea, chills, aches or pains in the muscles and/or joints, fever, unsteady gait, swelling in the joints, swelling of the legs and/or feet, swelling of the muscles, and psychological or emotional problems.  The approximate date he was returned to friendly control was on 29 April 1945.  His health as of the date of the form included high blood pressure from nephritis, very nervous, forgetful, severe arthritis and bursitis both hips, arthritis upper back, ulcers, lower bowel diverticulosis, heel bone spurs, pernicious anemia.  In addition, he had loss of feeling in both hands resulting from pinched nerves in neck due to calcification in spine in neck, constant ringing in both ears all the time, bad floater in right eye, and must have a vitamin B-12 shot once a month for the rest of his life to control his pernicious anemia. 

A Department of Veterans Affairs (DVA) Rating Decision, dated 20 January 1998 indicates the issue before the DVA was for service connection for traumatic arthritis, bilateral hips, and status post bilateral hip arthroplasties.  The applicant’s claim was denied.  It was indicated that bilateral hip arthritis was not caused by the veteran’s 1944 plane crash.  The examiner noted that the servicemember did not complain of any hip problem until approximately 1985, more than 40 years following service.  The examiner provided the opinion that if the servicemember had a traumatic insult to his hips - one would expect earlier development of symptoms.  He stated that the servicemember’s hip pathology was due to degenerative joint disease.  In cases of traumatic insult the development of symptoms was to be expected earlier rather than later.  The decision further indicated the applicant received the following compensation:  Degenerative Disc Disease, Cervical Spine 20 percent from 3 May 1993; Traumatic Arthritis, Lumbar Spine - 10 percent from 3 may 1993; Post Traumatic Stress Disorder - 10 percent from 3 May 1993; Duodenal Ulcer - 0 percent from 3 May 1993; Traumatic Arthritis, Bilateral Hips, Status Post Bilateral Hip Arthroplasties, Peripheral Neuropathy, Irritable Bowel Syndrome, Heart Condition, Pernicious Anemia, Bilateral Ankle Condition, Bilateral Frozen Feet, Bilateral Knee Condition - Combination 40 percent from 3 May 1993.

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AIR FORCE EVALUATION:

AFPC/DPPPR recommended denial of the applicant’s request that her deceased spouse be awarded the Purple Heart for injuries sustained during an aircraft landing.  They recommend the Board look at the Army’s 1944 policy dealing with frostbite, and if appropriate, approve award of the Purple Heart for frostbite.

To be awarded the Purple Heart, a member must provide documentation to support he was wounded as a direct result of enemy action and must have received medical treatment by medical personnel.

The servicemember’s official personnel record indicates that the plane crash landed on 7 June 1944; however, no evidence of any injuries were noted.  They have verified the applicant’s POW status (7 June 1944 to 29 April 1945) from his WD AGO Form 53-98 dated 20 December 1945.

Army policy in 1944 stated that the word element referred to weather and permitted the award of the Purple Heart to personnel who had been “severely frostbitten while actually engaged in combat.”

The applicant claims that her deceased spouse’s injuries were recorded by medical authorities as soon as possible; however, improbable to receive treatment while on a forced march.  The VA claim mentions frostbite during second march out of a POW camp during snow storm but report is dated October 2005.

There is no evidence in the servicemember’s military personnel records that supports he was injured during his plane crash landing on 7 June 1944.  Although there are no medical documents to support a frostbite claim, other than a VA report, it is very probable that he received frostbite during forced marches.

The evaluation, with attachment, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the evaluation and indicated the servicemember did not receive a medical examination upon repatriation.  Obviously, there are no military documents that provide evidence of any injuries due to circumstances in combat, and while in captivity.

The VA Form 10-0048 shows the servicemember marched for a total of five days and experienced severe cold during forced evacuation of the permanent camp, (Stalag Luft III).  During this period of captivity, he was exposed to the elements that resulted in frostbite to his extremities.

He experienced dysentery, worms, skin disease, and vitamin deficiency.  He identified a number of other conditions experienced while captive, including numbness, tingling, or pain in the fingers and/or feet.

Reports from the U.S. Air Force Academy, and information by the Serwis Museum confirm approximately 10,494 allied airmen of Stalag Luft III were forced through a blizzard, and extreme low temperatures from 27 January 1945 to 15 February 1945 in Germany, causing frostbite due to exposure.  According to Army Regulations, American military personnel who participated in the march were awarded the Purple Heart for wounds (frostbite - while in captivity).

The servicemember was a copilot of a C-47 aircraft flying over France on 7 June 1944.  At that time his aircraft was shot down.  He survived the crash landing receiving injuries to his legs and back, but was taken prisoner by the enemy.  He remained in enemy hands until liberated on 29 April 1945.  During the course of this imprisonment, the veteran was impressed into several forced marches as German forces retreated.  As a consequence, he sustained frostbite to his extremities during the second forced march.  He was receiving 40 percent disability by the DVA for spinal disc condition - 20 percent; traumatic arthritis - 10 percent; and post traumatic stress disorder - 10 percent.

One must recognize and take into consideration the untold thousands of POWs repatriated that were debriefed, revealed mistreatment from the enemy was common.  There is no question the servicemember was mistreated.  There was no documentation of wounds in his military records for reasons based on documents submitted with this letter.

There may rise an issue with regard to determination of the injury type of severity due to passage of time from the date of the injuries to the date of the medical examination, and this issue was addressed in part 16.1(2) of the Army Regulation 600-45, dated 22 September 1943.  “A wounded soldier’s unsupported statement may be accepted in unusual or extenuating circumstances when, in the opinion of the officer making the award, no corroborative evidence is obtainable.  However, the statement will be substantiated if possible.”  POW status by its very nature is a usual and extenuating circumstance that sometimes occurs during combat role, which results in an inability of commanders to account for or verify the medical status of any such unit member who is held in captivity by the enemy.  The medical status of any POW cannot be independently verified due to the nature of the member’s status.  VA claim mentions frostbite during a second march out of a POW camp during a snow storm; however, the report is dated October 2005.

The essential criteria governing the Purple Heart having been met at the time of his discharge from the U.S. Army Air Corps, he should receive these awards.  He has also met the criteria as applied to subsequent policy and Public Laws since then.

The applicant’s response, 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.	Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice warranting award of the Purple Heart Medal.  After a thorough review of this case, we found the information provided by the applicant to be persuasive, and were convinced that the servicemember’s records should be corrected to show he was awarded the Purple Heart Medal.  Based on Army Regulation 600-45 (as amended), wherein it is stated, “A wound is defined as an injury to any part of the body from an outside force, element, or agent sustained as the result of a hostile act of the enemy while in action in the face of the enemy.  The word “element” refers to weather and permits award to personnel severely frostbitten while actually engaged in combat,” therefore, we believe approval of the requested relief would be appropriate.  Our opinion has its basis in the fact that the servicemember incurred frostbite while on a forced march during the period he was a POW.  In our estimation, given the circumstances of this case, it is not possible to say that his injuries were sustained by anything other than the actions of enemies of the United States.  Therefore, we strongly believe the servicemember’s records should be corrected to the extent indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to XXXXXXXXXXXXXXXXXX, be corrected to show that on 23 October 1980, he was awarded the Purple Heart Medal for wounds to his hands and feet due to frostbite incurred on a forced march while being held as a Prisoner of War in Germany from 7 June 1944 to 29 April 1945.

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The following members of the Board considered AFBCMR Docket Number BC-2006-00014 in Executive Session on 11 May 2006, under the provisions of AFI 36-2603:

All members voted to correct the records as recommended.  The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 26 October 2005, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPR, dated 8 February 2006.
   Exhibit D.  Letter, SAF/MRBR, dated 10 February 2006, w/atch.
   Exhibit E.  Letter, Applicant, dated 1 March 2006, w/atchs.
   Exhibit F.  Letter, Applicant, dated 28 March 2006, w/atchs.

			

AFBCMR BC-2006-00014

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 XXXXXXXXXXXXXXXXXX, be corrected to show that on 23 October 1980, he was awarded the Purple Heart Medal for wounds to his hands and feet due to frostbite incurred on a forced march while being held as a Prisoner of War in Germany from 7 June 1944 to 29 April 1945.