RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01640 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect award of the Purple Heart (PH) medal. _________________________________________________________________ APPLICANT CONTENDS THAT: He should be awarded the PH for the injuries he sustained as a prisoner of war (POW) in Germany. In accordance with the criteria under Army Regulation (AR) 600-45 and Public Law (PL) 104-106, he meets the criteria for the PH. In support of his request, the applicant provides copies of documents extracted from his military personnel records, Department of Veterans Affairs (DVA) medical records, and extracts of AR 600-45 and PL 104-106. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant’s WG ADO 53-55, Enlisted Record and Report of Separation, reflects he served on active duty from 22 Jan 43 to 9 Oct 45. He was a POW in Germany from 29 May 44 to 2 May 45. The PH is awarded for wounds received as a direct result of enemy actions (e.g., gunshot or shrapnel wounds, hand-to-hand combat wounds, force aircraft bailout 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 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 aircrew member or in a passenger status because of the aircraft’s evasive measure against hostile fire. AR 600-45.C4 permits award of the PH for frostbite for personnel “actually engaged in combat.” PL 104-106, dated 10 Feb 96, entitled former POWs to receive a PH for wounds suffered as a POW. The determination for the PH was to be made in accordance with the standards in effect on the date of the enactment of the act. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSIDR recommends denial. There was no medical documentation provided by the applicant or located in his military records verifying he was injured due to direct enemy action. The applicant is not eligible for the PH under the criteria of AR 600-45.C4, because he was not involved in combat at the time of the alleged frostbite injury. Furthermore, there was no provision for award of the PH for frostbite under PL 104- 106, 10 Feb 96. Lastly, the copy of the medical examination dated 12 Apr 11 provided by the applicant reflects “History of proper circumstances for a cold injury but no definite history and no definite ongoing symptoms with exception of the paresthesias above.” The complete AFPC/DPSIDR evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: He is entitled to the PH for injuries he sustained as a result of a hostile act of the enemy. His contact with the enemy as a POW was more damaging than simple engagement because as a POW he engaged the enemy 24 hours a day, seven days a week. _________________________________________________________________ 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. We note the applicant was a POW in Germany from 29 May 44 to 2 May 45, and was forced to march through harsh winter conditions from the POW camp to other POW camps in Germany. The applicant contends that as a result of this hostile act of the enemy, he received severe frostbite. The office of primary responsibility has reviewed the evidence of record and recommends the requested relief be denied noting the applicant does not qualify for award of the PH for frostbite, under the provisions of AR 600-45.C4, due to his not being involved in combat at the time of the frostbite. There also was no provision for award of the PH for frostbite in 1996 under PL 104-106. However, we note that although the governing regulation authorized entitlement to the PH to those individuals who were severely frostbitten while actually engaged in combat against the enemy, it also authorized entitlements for the PH for wounds received as a result of a hostile act of the enemy. Therefore, based on a preponderance of the evidence, we find the applicant has established he was injured as the result of a hostile act of the enemy and, as such, is entitled to award of the PH Medal. Therefore, we recommend his 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 the APPLICANT, be corrected to show that he was awarded the Purple Heart Medal, for wounds received as a direct result of enemy action while a Prisoner of War from 29 May 44 to 2 May 45. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-01640 in Executive Session on 10 Jan 12, 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 29 Apr 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIDR, dated 8 Jul 11. Exhibit D. Letter, SAF/MRBR, dated 15 Jul 11. Exhibit E. Letter, Applicant, dated 3 Jan 12.