RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-04119 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: He be awarded the Purple Heart (PH) Medal with One Oak Leaf Cluster (1OLC). APPLICANT CONTENDS THAT: He is entitled to award of the PH due to the wounds he received on 29 June 1944 during a shoot down of a B-24 over Germany and for suffering injuries at the hands of captors during a force march on 2 February 1945. However, he had an inaccurate medical examination after the liberation and return to the Continental United States (CONUS). He recently discovered that retro-active award was possible after such a long time. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant entered the Army of the United States on 5 February 1944 and served on active duty until he was released on 9 December 1945, in the grade of second lieutenant. His military personnel records were located in the area most heavily damaged in the fire at the National Personnel Record Center (NPRC) in 1973. According to NA Form 13164, Information Releasable under the Freedom of Information Act, the applicant was held as a Prisoner of War (POW) from 29 June 1944 to 15 June 1945. In accordance with Army Regulation (AR) 600-45, Decorations, dated 22 Sep 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. 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. In addition, a wounded soldier’s unsupported statement could be accepted in unusual or extenuating circumstances when, in the opinion of the officer making the award, no corroborative evidence was obtainable. However, the statement would be substantiated if possible. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibits C and D. AIR FORCE EVALUATION: AFPC/DPSID recommends denial for the basic award of the Purple Heart and the Purple Heart with one Bronze Oak Leaf Cluster. The PH Medal is awarded to members of the United States Armed Forces who have been wounded, killed, or who have died or may hereafter die of wounds received in action against an enemy of the United States or opposing force as a result of an act of any such enemy or opposing armed force, an international terrorist attack or during military operations while serving as part of a peacekeeping force. Also for a service member who is killed or wounded in action as the result of action by friendly weapon fire while directly engaged in armed conflict, other than as a result of an act of an enemy of the United States, unless the wound is the result of willful misconduct of the member, while held as a prisoner of war (or while being taken captive) in the same manner as a former prisoner of war who is wounded on or after that date while held as a prisoner of war. A wound for which the award is made must have required treatment, not merely examination, by a medical officer. Additionally, treatment of the wound shall be documented in the service member’s medical and/or health record. Award of the PH Medal may be made for wounds treated by a medical professional other than a medical officer, provided a medical officer includes a statement in the service member’s medical record that the extent of the wounds were such that they would have required treatment by a medical officer if one had been available to treat them. After a thorough review of the applicant’s limited official military personnel record, verification could not be made for award of the PH medal. A signed certificate, Special Order or any other official documentation verifying the PH medal or PH with one Bronze Oak Leaf Cluster was awarded could not be located. The Purple Heart Review Board has the authority to determine a veteran’s award of the Purple Heart. Each request is considered based on the policies and criteria in use at the time the veteran was injured, and the determination is dependent on the documentary evidence presented. Although the applicant provided a memorandum on American Ex-Prisoner of War Congressionally Chartered National Headquarters letterhead contending his injuries, his request was not submitted to the Purple Heart Board, as it lacks details of how his ankle and knee were injured, eyewitness statements and medial documentation from the date of injury. In addition, the second injury of frostbite is not an injury that meets the criteria for award of the PH. Therefore, to grant relief would be contrary to the criteria established by the Department of Defense Manual (DoDM) 1348.33, the Secretary of the Air Force, Chief of Staff, and or the War Department. A complete copy of the AFPC/DPSID evaluation is at Exhibit C. SAF/MRBP recommends denial. There is no provided evidence that the applicant had been submitted for award of the PH, or that he received medical documentation substantiating an injury that required medical treatment. Additionally, the applicant cited two instances that he felt merit award of the PH; however, one lacks the required documents and evidence to be fairly and appropriately evaluated by the Purple Heart Board, and the other does not meet the criteria for award of the PH. A complete copy of the SAF/MRBP evaluation is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant refutes the validity of the conclusions of the advisory opinions and argues that there were no medics present when his injuries were incurred; as such, a report was not accomplished at that time. He experienced several episodes in which he had problems with his feet becoming cold whenever he was outside of a heated room. It was not until 1991 that a veteran affairs (VA) examination showed that he had minimal feeling in his feet and he was awarded disability for frozen extremities. He reiterated that his frozen feet were caused by an eight day forced march during the coldest winter in fifty years without adequate protection for his hands or feet. In support of his response, the applicant provided a copy of his VA rating decision indicating the compensation he receives for the residuals of frostbite, along with a supporting letter from the commander for the Carrol M. Fyffe Memorial Chapter of the Military Order of the Purple Heart (MOPH). A complete copy of the applicant’s response is at Exhibit F. THE BOARD CONCLUDES THAT: 1.  The applicant has exhausted all remedies provided by existing law or regulations. 2.  The application was not timely filed. While the applicant claims a date of discovery of less than three years ago, in our view, the reasonable date of discovery of the alleged error or injustice was more than three years ago and the application is therefore untimely. 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 injustice. After a thorough review of the evidence of record and the applicant’s complete submission, to include his rebuttal, we believe the applicant should be awarded the Purple Heart for injuries (frostbite) sustained during a forced march while a Prisoner of War. While we note the comments of AFPC/DPSID and SAF/MRBP indicating that relief should be denied, we find the applicant’s frostbite satisfies the criteria for award of the Purple Heart and is in keeping with Army Regulation (AR) 600-45, in effect at the time. Moreover, during this period, there are other documented cases in which the Board awarded service members the Purple Heart for severe frostbite sustained as the result of a hostile act of the enemy. The absence of any information pertaining to the asserted wounds from the existing records is not surprising in view of the nearly year absence from military control while he was a Prisoner of War from 29 June 1944 to 15 June 1945. However, although we have recommended approval for the Purple Heart (basic award), we do not find sufficient evidence has been provided to grant award of the Purple Heart, First Oak Leaf Cluster, for wounds the applicant contends he received when his plane was shot down. Therefore, in view of the foregoing and in recognition of the applicant’s service to the nation 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 on 8 December 1945, he was awarded the Purple Heart (PH) Medal for wounds to his feet and hands due to frostbite incurred on a forced march while being held as a Prisoner of War on 2 February 1945. The following members of the Board considered AFBCMR Docket Number BC-2014-04119 in Executive Session on 22 July 2015, 29 July 2015 and 25 February 2016 under the provisions of AFI 36-2603: Panel Chair Member Member All members voted to correct the records as recommended. The following documentary evidence was considered: Exhibit A.  DD Form 149, dated 16 August 2014, w/atchs. Exhibit B.  Applicant's Master Personnel Records. Exhibit C.  Memorandum, AFPC/DPSID, dated 9 February 2015. Exhibit D.  Memorandum, SAF/MRBP, dated 21 May 2015. Exhibit E.  Letter, SAF/MRBR, dated 29 May 20515. Exhibit F.  Letter, Applicant, undated, w/atchs.