RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2016-04310
		
	 	COUNSEL:  NONE

		HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) for the frostbite injuries he sustained as a Prisoner of War (POW) during World War II.

APPLICANT CONTENDS THAT:

When he was a POW in Germany during the period 24 Apr 44 through 29 Apr 45, he was forced to march 300 miles in below-zero temperatures during a transfer of POWs from Stalag Luft III in an attempt to evade advancing allied troops.  During the forced march, he incurred frostbite injuries to his extremities which qualify him for award of the PH.  

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

STATEMENT OF FACTS:

The applicant initially entered the Army Air Corps on 2 Oct 43.  

During the period 24 Apr 44 through 29 Apr 45, the applicant was held as a POW in Germany. 

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 600-45 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.”

On 1 Oct 45, the applicant was furnished an Honorable discharge, and was credited with 1 year, 11 months, and 29 days of total active service, which included 1 year and 5 days as a POW.

On 7 Jul 15, the applicant was awarded the Presidential Unit Citation (PUC).  The narrative supporting the decoration includes the statement, “As allied forces closed in, the Nazi’s forced (the applicant) to march 300 miles, an ill-advised attempt by his capturers to evade the allied troops.”

On 3 Oct 16, the Department of Veterans Affairs (DVA) rated him with service-connected disabilities of 100 percent compensable disability, which include 30 percent for “residuals of frost bite of left foot,” 30 percent for “residuals of frost bite for right foot,” and 10 percent for “bilateral frozen feet.”  

The remaining relevant facts pertaining to this application are contained in the memoranda prepared by the Air Force offices of primary responsibility (OPRs), which are attached at Exhibits C and E.   

AIR FORCE EVALUATION:

AFPC/DP3SP recommends denial, 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.  Additionally, treatment of the wound shall be documented in the service member’s medical and/or health record.  Award of the PH 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 the extent of the wounds were such they would have required treatment by a medical officer if one had been available to treat them. 

Based upon the documentation provided, they are unable to determine if the frostbite injury was incurred during the crash or during his time as a POW.  When members are returned to military control from POW status, they are medically examined and interviewed by medical personnel.  Any injuries they received as a result of their POW status is annotated in their official medical records.  While statutory law includes POWs as eligible for the PH, the criteria for award dictates the only way to verify a member received wound or injuries as a result of conditions/treatment, even while in former POW status, is through documentation from the official medical records.  Unfortunately, the documentation submitted by this applicant did not contain the required medical records.  

The complete 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 4 Jan 17 for review and comment within 30 days.  As of this date, no response has been received by this office. (Exhibit D)

ADDITIONAL AIR FORCE EVALUATION:

The AFBCMR Medical Consultant recommends granting, indicating there is evidence of an error or an injustice.  A review of the available documentation includes the following: 

On 14 Jan 47, in a hand-written letter the applicant disclosed his experiences when be bailed out of his imperiled aircraft, catching his parachute on a pole upon nearing the ground; which resulted in his striking his back and head against the pole.  It also described his “forced march from Sagan to Nuremburg, Germany” where he “started to have trouble with [his] feet” and after which he “had to thaw out [his] frozen feet,” following which an English doctor reportedly “told the Germans that he should be excused from standing outside with the rest of the prisoners.”  The request was granted.

On 11 Mar 47, a Report of Physical Examination, conducted by the Veterans Administration includes the following statements: “Presenting complaint (subjective symptoms, not diagnosis): Numbness left foot. Had cold feet in service. Feet are always cold and sweating a great deal.  Frozen feet developed as a P.O.W.”  On examination, “both feet [were] cold.  The left more than the right.  There [was] moderate sweating.  There [was] a bluish old coloration of the toes of both feet and also along the border of both feet.  This is more noticeable on the left.  Dorsalis pedis [was] palpable bilaterally, but is feeble on the right.  Posterior tibials are readily palpable.”  Among concluding remarks, the examining physician wrote, “Also has complaints referral to his feet which he states cause him pain and difficulty in cold weather ever since they were frost-bitten as a P.O.W.”  The diagnostic conclusions read: “Residuals of Frozen Feet, moderate.”

On 12 Aug 79, a Report of Medical Examination for Disability Evaluation includes the complaints of “loss of vision, further deterioration of frozen feet, headaches, [and a] nervous system condition has become worse.”  An additional narrative accompanying the report discloses the applicant’s report of marching 350 miles in 55 degree below zero weather.  He was wearing German issue shoes too small for his and his feet froze with numbness on [illegible word] of both feet,” and “From Jan to May 1945 he had no treatment, but on repatriation was flown to U.S.”  Again, references are made to “foot and stomach trouble” with “great sensitivity to cold with aching and burning”…with “inability to walk even ¼ mile without stopping.”

Addressing the applicant’s specific request, a review of previous BCMR cases, Army, Navy, and Air Force, reflects a definite trend of denials of the PH due to reported cold injuries, but particularly frostbite, with some presenting more clinically apparent than others.  Many denials were largely based upon existing policies, which state an “indirect” injury (such as frostbite) does not qualify for the PH.  However, an Army regulation in effect at the time of the applicant’s WWII service (AR 600-45) included injuries caused by weather and climate-related factors, as qualifying for the PH.  Specifically, paragraph 2 of the Army’s personnel decorations policy in effect at the time of the applicant’s reported cold weather exposure reads:  “In connection with the definition of ‘wound’ above, the word ‘element’ refers to weather and permits award to personnel severely frostbitten while actually engaged in combat.”
 
It’s clear from 1947 and thereafter, foot complaints are well documented among the applicant’s personal statements and medical records statements.  My medical colleagues all have agreed the applicant suffers or suffered from residuals of cold injury or frostbite; admittedly more likely due to neurological injury than actual vascular impairment; notwithstanding, there was no loss of limbs, toes, fingers, tip of nose, or ear lobes, each which would have been anatomically vulnerable.  In collective view of the clinical opinions by medical authorities, dating from 1947 and thereafter, the award of service-connection for residuals of cold injury by the DVA and Army policies in effect at the time of the applicant’s cold exposures, this reviewer recommends granting the applicant the PH.

The complete AFBCMR Medical Consultant evaluation is at Exhibit E.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In further support of his original request the applicant submitted a rebuttal response to the AFPC/DP3SP evaluation which recommended denial, reiterating his contention he qualified for the PH.  With his rebuttal, he included letters of support from his doctor and fellow POW, as well as documentation concerning Stalag VII-A, and presumptive service connected disabilities. (Exhibit G)

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 took notice of the applicant's complete submission and his service record annotating his time as a POW when German soldiers forced him and his fellow POWs at Stalag Luft III in Germany to march for many, many miles in temperatures well below freezing during the winter months of 1945 when judging the merits of the case.  Based on the totality of the information presented, taking into account the passage of time since the applicant having been a POW, the board agrees with the opinion and recommendation of the AFBCMR Medical Consultant and adopt his rationale as the basis for our conclusion the applicant has been the victim of an error or injustice.  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 APPLICANT be corrected to show his WD AGO Form 53-98, Military Record and Report of Separation, Certificate of Service, dated 1 October 1945, be corrected in Item 29, Decorations and Citations, to reflect he was awarded the Purple Heart Medal.

The following members of the Board considered AFBCMR Docket Number BC-2016-04310 in Executive Session on 21 Feb 17, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

By a majority vote, the Board voted to grant the application.  One member voted to deny the applicant’s request, but did not submit a Minority Report.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-04310 was considered:

	Exhibit A.  DD Form 149, dated 26 Oct 16, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SP, dated 28 Dec 16.
	Exhibit D.  Letter, AFBCMR, dated 4 Jan 17.
	Exhibit E.  Memorandum, the AFBCMR Medical Consultant, dated 6 Jan 17. 
	Exhibit F.  Letter, AFBMCR, dated 18 Jan 17. 
	Exhibit G.  Letter, Applicant, dated 9 Feb 17, w/atchs. 

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.