RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2008-03245
		INDEX CODE:  107.00
		COUNSEL:  NONE

	 	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH).

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APPLICANT CONTENDS THAT:

He should be awarded the PH for wounds sustained as the result of hostile acts by the enemy.  While held captive as a World War II (WWII) prisoner of war (POW) in Germany, he was forced to walk in the bitter cold during the Stalag IV Death March, and sustained frostbite injuries to his extremities.  

In support of his request, the applicant submits a personal statement, a copy of his Army of the United States Honorable Discharge, a copy of his WD AGO Form 53-55, Enlisted Record and Report of Separation Honorable Discharge, a copy of Public Law 104-106, Section 621, dated 10 Feb 96, a copy of his Department of Veterans Affairs (DVA) Rating Decision, dated 13 Apr 07, award criteria for the PH Medal, and excerpts from his reconstructed military personnel records.

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

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STATEMENT OF FACTS:

The applicant’s military personnel records were destroyed in the 1973 fire at the National Personnel Records Center (NPRC).  His reconstructed records reflect that he enlisted in the Army Air Corps on 24 Mar 43.  

The aircraft in which the applicant was a tail gunner, was shot down.  Subsequently, he was captured by the enemy, and held as a POW from 22 Aug 44 to 17 Jul 45.  On 23 Oct 45, he was honorably discharged.  His records do not reflect award of the PH.

On 20 Mar 06, the DVA determined his cold injury (frostbite) to his upper and lower extremities were service connected.  He was given a 30 percent disability rating for each lower extremity, and 10 percent for each upper extremity.  

On 6 Jun 06, the NPRC verified the applicant’s entitlement to the POW Medal, the American Campaign Medal, and the WWII Victory Medal.

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AIR FORCE EVALUATION:

AFPC/DPSIDR recommends denial and states, in part, the applicant did not provide medical documentation to substantiate the injuries received were a direct result of enemy action.  He did not provide a recommendation awarding him the PH.  Additionally, his Report of Separation reflects no wounds received in action.

The DPSIDR 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 21 Nov 08 for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit D).

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ADDITIONAL AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends granting the requested relief.  The BCMR Medical Consultant states, in part, that a review of previous Military Correction Board cases, Army, Navy, and Air Force, reflects  a definite trend of denial of the PH medal due to reported cold injuries, but particularly frostbite, with some presenting more clinically apparent than others.  Many denials were largely based upon existing policies, which state that an indirect injury (such as frostbite) does not qualify for the PH.  

However, an Army regulation in effect at the time of the appplicant’s WWII service, (AR 600-45), included injuries caused by weather and climate-related factors, as qualifying for the PH.  Specifically, paragraph 2, of the Army’s personnel decorations policy in effect at the time of the applicant’s reported cold weather exposure, states, that in connection with the definition of wound above, the word element refers to weather and permits award to personnel severely frostbitten while actually engaged in combat.  

While the BCMR Medical Consultant found no evidence that the applicant was ever severely frostbitten, based upon clinical grounds, or that he was actually engaged in combat at the time of his reported exposures, he acknowledges the applicant’s POW status and the involuntary forced exposures over a near 90-day period may have resulted in frostbite caused by the enemy’s neglect or deliberate exposures.

The BCMR Consultant finds it reasonable to conclude the applicant may have experienced some degree of cold injury during his 90-day forced wintry march, but specifically defining his injury as severely frostbitten is open for interpretation in his case, considering the limited evidence provided.

Thus, the BCMR Medical Consultant recommends rendering the benefit of doubt in the applicant’s favor, based collectively upon the findings by the DVA, the evidence placing the applicant under the conditions to sustain frostbite, the witness statements of limb swelling provided, and upon the governing policies for the PH at the time of his military service.

The BCMR Medical Consultant’s evaluation is attached at Exhibit E.

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APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

He and others were forced to march for 86 days from Stalag Luft IV from 6 Feb 45 to 3 May 45.  Stalag Luft IV was located near the Baltic in Northern Germany.  During the time of the march, which was reported to be the coldest winter in history in Northern Germany, they were forced to walk through snow and on frozen ground.  He slept on the frozen ground and in barns with little or no protection from the cold.  He was subject to severe cold conditions which resulted in his frostbite injuries.

The applicant’s complete response, with attachments, is at (Exhibit G).

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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 error or injustice.  In this regard, the Board is convinced the applicant’s records should be corrected to show he was awarded the PH.  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 the applicant 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 believe the applicant’s records should be corrected as indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that, on 14 Oct 45, he was awarded the Purple Heart Medal for wounds to his upper and lower extremities due to frostbite incurred while being held as a prisoner of war in Germany from 22 Aug 44 to 17 Jul 45.

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The following members of the Board considered Docket Number BC-2008-03245 in Executive Session on 6 May 09, and on 9 Jun 09, under the provisions of AFI 36-2603:

			XXXXXXXXXX, Chair
			XXXXXXXXXX, Member
			XXXXXXXXXX, Member

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

	Exhibit A.	DD Form 149, dated 30 Aug 08, w/atchs.
	Exhibit B.	Applicant's Available Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPPPR, dated 12 Nov 08.
	Exhibit D.	Letter, SAF/MRBR, dated 21 Nov 08.
	Exhibit E.	Letter, BCMR Medical Consultant, dated 12 May 09.
	Exhibit F.	Letter, SAF/MRBR, dated 15 May 09.
	Exhibit G.	Letter, Applicant, dated 21 May 09, w/atchs.

	XXXXXXXXXX
	Chair