RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2008-03987
								INDEX CODE:  100.00
	XXXXXXX					COUNSEL:  NONE

								HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be awarded a First Oak Leaf Cluster to the Purple Heart (PH).

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APPLICANT CONTENDS THAT:

He is entitled to an additional PH for wounds sustained as the result of a hostile act of the enemy.

He was forced to march through severe winter conditions to a newly relocated POW site, and as a result, received severe frostbite.

In support of the appeal, applicant submits his personal statement and extracts from his military 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 24 September 1942 through 27 October 1945.  The WD AGO issued in conjunction with his 27 October 1945 separation indicates that he is entitled to the PH.

In accordance with Army Regulation (AR) 600-45, Decorations, dated 22 September 1943, during the period in question, the PH was awarded for wounds received in action against an enemy of the United States, or as a direct result of an act of such enemy, provided such wound necessitated treatment by a medical officer. For the purpose of awarding the PH, a wound was 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, or while in action in the face of the enemy.  In May 1944, the War Department amended AR 600-45 to define “element” as referring to weather and permitted the award of the PH to personnel who had been “severely frostbitten while actually engaged in combat.”  When a person eligible for award of the PH was treated for a wound, the commanding officer of the hospital, or the medical officer who treated the wound, furnished the commanding officer of the wounded person a certificate briefly describing the nature of the wound, and certifying the necessity of treatment. 

On 21 April 2004, AFPC/DPPD/CRSC advised the applicant that his request for Combat-Related Special Compensation for anxiety disorder, dysentery and residuals of cold injuries to his feet, had been approved with an effective date of 1 June 2003.

On 6 February 2009, AFPC/DPPRY advised the applicant his entitlement to the POW Medal had been established and that his records would be administratively corrected to reflect his internment as a POW of the German army from 12 September 1944 to 15 May 1945.

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AIR FORCE EVALUATION:

AFPC/DPSIDR recommends denial and states, in part, that although they have confirmed his eligibility for the POW Medal, there are no official documents that verify he was injured while a POW at the hands of the enemy or the result of enemy action.  AR 600-8-22, dated 11 December 2006 states that frostbite does not justify award of the PH.

The complete evaluation is 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 13 February 2009 for review and comments, within 30 days.  However, 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.  Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice. In this respect, we note the applicant was interned as a POW of the German army from 12 September 1944 to 15 May 1945, and on 6 February 1945, was forced to participate in the Stalag IV death march.  Due to advancing Allied armies, on that date nearly 10,000 POWs were forced to march for eighty-six days through harsh winter conditions from their POW camps in Poland to other POW camps in southern Germany, covering nearly 600 miles.  The applicant contends that as a result of this hostile act of the enemy, i.e., the forced march through severe winter conditions, he received severe frostbite for which he is currently receiving compensation from the Department of Veterans Affairs.  In support of his appeal, the applicant submits his personal statement and an article concerning the conditions at Stalag IV and the circumstances surrounding the forced march.  The office of primary responsibility has reviewed the evidence of record and recommends the requested relief be denied since Army Regulation 600-8-22, dated 11 December 2006, does not authorize entitlement to the PH for frostbite.  However, we are cognizant of the fact that we must consider such requests applying the standards and criteria in effect at the time, rather than under today’s standard.  In this regard, we note that in addition to authorizing entitlement to the PH to those individuals who are severely frostbitten while actually engaged in combat against the enemy, the governing regulation, i.e., Army Regulation 600-45, dated 22 September 1944, also authorized entitlement to the PH for wounds received as a result of a hostile act of the enemy.  We further note that during the period in question, in unusual or extenuating circumstances, a wounded soldier’s unsupported, personal statement could be accepted when, in the opinion of the officer making the award, no corroborative evidence was obtainable.  In view of the fact the applicant was under the control of the German Army at the time of his injury for which he seeks entitlement to the PH, and as such, medical treatment records are unavailable, and in consideration of the fact that his severe frostbite required medical attention, we believe such unusual or extenuating circumstances are present in this case and give the applicant’s statement proper consideration.  Based on the totality of the evidence presented, we believe the applicant has established that he was injured as the result of a hostile act of the enemy and as such, is entitled to an additional PH.  Therefore, we recommend his records 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 APPLICANT, be corrected to show that he was awarded the Purple Heart, First Oak Leaf Cluster, for wounds received as a direct result of enemy action.

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The following members of the Board considered AFBCMR Docket Number BC-2008-03987 in Executive Session on 14 May 2009, under the provisions of AFI 36-2603:

XXXXXXXXXX, Panel Chair
XXXXXXXXXX, Member
XXXXXXXXXX, Member

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

     Exhibit A.  DD Form 149, dated 21 Oct 08, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPSIDR, dated 23 Jan 09.
     Exhibit D.  Letter, SAF/MRBR, dated 13 Feb 09.

                                   XXXXXXXXXX
                                   Panel Chair

AFBCMR BC-2008-03987)

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 XXXXXXX, be corrected to show that he was awarded the Purple Heart, First Oak Leaf Cluster, for wounds received as a direct result of enemy action.

		XXXXXXXXXX
		Director
		Air Force Review Boards Agency