RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00806 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect award of the Purple Heart (PH). _________________________________________________________________ APPLICANT CONTENDS THAT: He received lacerations on his arm while trying to exit the aircraft after it was shot down. He also received numerous scratches from hiding in thickets and foliage. He was captured three and a half days later and was beaten and bruised. He was treated by an unknown individual. In support of his request, the applicant provides copies of statements, a listing of individuals, letters, extracts of his personnel records, and a “Prisoner of War (POW) on Washington” article. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant entered the Army Air Corps on 23 Oct 43 and served honorably until 19 Oct 45. The applicant later served in the Air Force Reserve. The applicant has been confirmed as being a POW of the German Government from 2 Jul 44 to 31 May 45. Further, HQ AFPC/DPSIDRA confirmed the applicant’s entitlement to the POW Medal, American Campaign Medal, and World War II Victory Medal. The applicant’s records will be administratively corrected by AFPC to reflect these awards. The applicant’s WD-AGO Form 53-98, Record and Report of Separation, Certificate of Service, Item 30, Wounds Received in Action, reflect “none.” 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.) In addition, it is necessary that the wound required or received treatment by medical personnel. Indirect injuries do not meet the criteria for the award of the PH. These include, but are not limited to, injuries received while seeking shelter from mortar or rocket attacks, aircraft bombings, grenades, and injuries incurred while serving as an aircraft member in a passenger status as a result of the aircraft’s evasive measures against hostile fire or Post-Traumatic Stress Disorder. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSIDRA recommends denial. DPSIDRA states no medical documentation was provided or located within the applicant’s official military records verifying he received medical treatment for an injury caused by a forced bail out or due to the Hungarian soldiers or German soldiers while a POW. Further, the PH Review Board denied the applicant’s request on 4 Jun 10 due to a lack of medical documentation. The complete HQ AFPC/DPSIDRA evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: He states his records contain documentation confirming his medical treatment. The applicant's complete response, with attachments, is at Exhibit E. _________________________________________________________________ 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. The Board majority finds sufficient relevant evidence has been presented to demonstrate the existence of error or injustice. In this regard, the Board majority notes persuasive medical documentation has been provided indicating a Hungarian physician treated the applicant and other crew members for injuries they sustained after their aircraft was shot down. Therefore, the Board majority recommends the records be corrected to the extent indicated below. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 1 August 1945, he was awarded the Purple Heart for injuries sustained while held as a Prisoner of War in Germany. _________________________________________________________________ The following members of the Board considered Docket Number BC- 2010-00806 in Executive Session on 12 August 2010, under the provisions of AFI 36-2603: By majority vote, the Board voted to correct the records as recommended.XXXXX voted to deny the application and submitted a minority report, which is at Exhibit F. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 14 Nov 09, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, HQ AFPC/DPSIDRA, dated 17 Jun 10. Exhibit D. Letter, SAF/MRBR, dated 2 Jul 10. Exhibit E. Letter, Applicant, dated 12 Jul 10. Exhibit F. Minority Report, dated 22 Oct 10.