RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01670 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Purple Heart (PH), First Oak Leaf Cluster (1OLC), for the frostbite injuries he sustained as Prisoner of War (POW) during World War II. ________________________________________________________________ APPLICANT CONTENDS THAT: During his time as a POW during World War II he was forced to march for several days in near-zero temperatures during a transfer of POWs to Stalag VII A near Mossburg, Germany. During the forced march, he incurred frostbite injuries to his extremities which qualify him for award of the PH Medal. In support of his request, the applicant provides copies of extracts from his military personnel records; his DD 214, Armed Forces of the United States Report of Transfer or Discharge; Public Law 104-106, dated 10 Feb 96; extracts from Army Regulation 600-45, Personnel—Decorations; POW records extracted from the U.S. National Archives and Records Administration (NARA) POW Database; Department of Veterans Affairs records showing his diagnosis of frostbite; a frostbite information sheet; and a record of his Prisoner of War Medal from the National Archives. The applicant’s complete submission, with attachments, is at Exhibit A. _________________ ______________________________________________ STATEMENT OF FACTS: The applicant entered the Army Air Corps on 21 May 42. He was held as a POW from 23 Jun 43 until his repatriation on 29 Apr 45. On 15 Nov 45, he was authorized the PH for wounds received in action on 23 Jun 1943 in the Mediterranean Area. 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.” On 30 Sep 64, the applicant retired from the Air Force and was credited with 23 years and 14 days of total active service. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is attached at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSIDR recommends denial. The applicant was shot down by the enemy over Italy on 23 Jun 43. He received burns on both arms and legs as a result of the fire which engulfed his aircraft after he landed. He was captured by the German Army shortly after he was shot down and remained a POW until he was liberated on 29 Apr 45. The applicant has been awarded the PH for the burns he experienced as the result of combat action on 23 Jun 1943. The applicant received frostbite injuries in January 1945 while a POW; however, frostbite is not normally an injury which qualifies a member for entitlement to the PH. The complete HQ AFPC/DPSIDR 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 11 for review and comment within 30 days. As of this date, no response has been received by this office. (Exhibit D). ________________________________________________________________ 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. The applicant contends he should be awarded the Purple Heart (PH) Medal due to the frostbite injuries he incurred while on a forced march as a prisoner of war (POW) during World War II. After a thorough review of the evidence of record and the applicant’s complete submission, we are convinced by a preponderance of the evidence of his entitlement to the PH Medal. 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 medical records from the period in question indicate he suffered frostbite while on a forced march during the period he was 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 believe the applicant’s records should be corrected as 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, First Oak Leaf Cluster, for wounds incurred on a forced march while held as a Prisoner of War (POW) during World War II. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-01670 in Executive Session on 19 Jan 2012, 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 Mar 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, HQ AFPC/DPSIDR, dated 9 Jun 11 Exhibit D. Letter, SAF/MRBR, dated 24 Jun 11