RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-02320

(DECEASED)				COUNSEL:  NONE

APPLICANT: (DAU)			HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

Her father’s record be corrected to show the award of the Purple Heart (PH) and Prisoner of War Medal (PWM) (administratively corrected).  

APPLICANT CONTENDS THAT:

Her father should have been awarded the PH due to injuries that may have occurred when his aircraft was shot down over Germany.  

In the prison camp, he suffered severe frostbite in both his hands and feet, as noted in the Department of Veterans Affairs (DVA) decisional documents.  

In support of her request, the applicant provides a narrative with attachments outlining her father’s service, his flight record, his injuries, and his Department of Veterans Affairs (DVA) award of disability compensation letter, dated 22 Oct 48.  

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

STATEMENT OF FACTS:

According to documents provided by the applicant, the former military member initially entered the Regular Army on 9 Sep 38, discharged on 25 Sep 41, and credited with 3 years and 17 days of active service.  

On 26 Sep 41, the former military member reenlisted with the Army Air Force. 

On 22 Jun 43, according to documents provided by the applicant, the former military member was shot down over Germany on his 19th mission while assigned to the 91st Bombardment Group and immediately captured.

On 29 Jun 43, the former service member’s mother was notified that he was missing in action since 22 Jun 43.

On 25 Jul 43, the former service member’s mother was notified that he was reported as a Prisoner of War (POW).  

On 3 May 45, according to documents provided by the applicant, the former military member was returned to U.S. military control.  

On 16 Aug 45, the former military member was furnished an honorable discharge, and was credited with 6 years, 11 months, and 8 days of active service.   

According to documents provided by the applicant, on 22 Oct 48, the DVA awarded the applicant service-connection for his injuries he incurred during his service, including frostbite of the hands and feet.

On 4 May 09, the former military member died according to the State of Arizona, Department of Health Services, Certificate of death, as provided by the applicant.  

Army policy (AR 600-45, dated 22 Sep 43) stated the PH was awarded to members who were wounded in action against an enemy of the United States, and defined a wound as “an injury to any part of the body from an outside force, element, or agent sustained as a result of a hostile act of the enemy.”  On 3 May 44, the Army amended AR 600-24 to clarify use of the word “element” by adding: “In connection with the definition “wound” above, the word  “element” refers to weather and permits award to personnel severely frostbitten while actually engaged in combat.”

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.    

AIR FORCE EVALUATION:

AFPC/DP3SP recommends denial of the PH indicating there is no evidence of an error or an injustice.  The PH 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 a part of a peacekeeping force.  A wound for which the award is made must have required treatment, not merely examination, by a medical officer.  After a thorough review of the former military member’s personnel record, DP3SP was able to verify the award of the PWM (will be administratively corrected), but unable to verify the award of the PH.  The PH Review Board has the authority to determine a veteran’s award of the PH; however, this request was not submitted to the Board as it lacks the appropriate documentation, specifically there is no detailed account, medical documentation verifying treatment required/received, and eyewitness statements.  Furthermore, the request was not submitted in a timely manner.

A complete copy of the AFPC/DP3SP evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 24 Jun 16 for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.

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 injustice warranting corrective action.  After a thorough review of the evidence of record and the applicant’s complete submission; while we note AFPC/DP3SP has corrected the decedent’s record administratively with regard to the Prisoner of War Medal, the Board also noted their comments indicating that the Purple Heart relief should be denied because the decedent’s records contain no documentation substantiating the applicant’s contention that her father be awarded the Purple Heart.  However, we believe a preponderance of the evidence substantiates that corrective action is warranted.  In this respect, we note the applicant has provided copies of detailed accounts of her father’s survival following his crash landing, his injuries, and subsequent captivity as a prisoner of war as well as his Veterans Administration Award of Disability Compensation, dated 22 Oct 48, outlining various service-connection conditions to include his left ankle injury and frostbite to the hands and feet.  In this respect, we note Army Regulation 600-45, provides that the PH Medal may be awarded to members who are wounded in action against an enemy of the United States, and defined a wound as an injury to any part of the body from an outside force, element, or agent sustained as a result of a hostile act of the enemy.  Our opinion has its basis in the fact that the applicant’s Veterans Administration award of service-connection for his ankle injury and frostbite to the hands and feet occurred during the period he was shot down and a POW.  In our estimation and 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 recommend the applicant’s records be corrected as indicated below.  

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the FORMER MILITARY MEMBER be corrected to show that on his WD AGO Form 53-55, Enlisted Record and Report of Separation Honorable Discharge, issued 16 August 1945, in Item 33, Decorations and Citations, he was awarded the Purple Heart Medal.

The following members of the Board considered AFBCMR Docket Number BC-2015-02320 in Executive Session on 16 Aug 16 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 4 May 15, w/atchs.
	Exhibit B.  Applicant's Available Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SP, dated 7 Jun 16.
	Exhibit D.  Letter, AFBCMR, dated 24 Jun 16.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.