RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04682 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect he was awarded the Purple Heart (PH) medal. _________________________________________________________________ APPLICANT CONTENDS THAT: On 4 Nov 44, he suffered a concussion and a tear to his left ear drum as the result of a shelling incident while stationed in Europe. In support of his appeal, the applicant provides an expanded statement and copies of excerpts from his military personnel/medical records, which include documents related to his medical condition, as well as military and civilian letters related to the matter under review. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 12 Jun 43, the applicant entered active duty service in the Army of the United States (AUS). In accordance with Army Regulation (AR) 600-45, Decorations, dated 22 Sep 43, 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. An undated medical note provided by the applicant reflects he has a discharge from his left ear and left ear drum scarring. The applicant’s WD AGO Form 100, Separation Qualification Records, reflects that his left ear drum was moderately scarred, but does not indicate that said injury was the result of enemy action. The Department of Veterans Affairs (DVA) has determined the applicant’s post-traumatic stress disorder (PTSD), sinusitis, tinnitus, and scarred left ear drum, and bi-lateral hearing loss are connected to his World War II 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 noting that although the applicant provided documentation diagnosing him with ear drainage, sinusitis, and bifrontal headaches, the medical documentation does not indicate he was injured or was treated for an injury as the result of enemy action in accordance with the DoD 1348.33-M. The Purple Heart Review Board (PHRB) disapproved the applicant’s request for award of the PH on 29 Dec 11. The complete AFPC/DPSIDR evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states he was injured during a heavy enemy bombardment on 4 Nov 44 near the French village of Bitche. His units fought without relief and without being taken out of the front lines, until late Dec 44. When his ear drum was ruptured by an enemy shell bursting near him, he was examined by a medic who made the determination that he was not injured as badly as others and left him to attend the individuals who were more seriously injured. However, he felt blood and other fluids flowing from his ear after the medic left. During these chaotic conditions of a moving battle front, the attending medic failed to make a report of his injury. Therefore, no report was made of his ruptured ear drum until an attending physician discovered the scar tissue on the ear drum when examining him for pneumonia in Jan 45. There was no event between the time of injury during the enemy shelling and the examination by the army physician that would have resulted in the examining physician discovering the scarring in the applicant’s left ear. Since his injury he has had difficulty hearing, progressing from moderately to “hard of hearing” to extreme difficulty in hearing. He received an injury in action against the enemy that meets the all of the qualifications for the PH and he should therefore be awarded the PH. He knows there was no problem with his ear until the shell burst near him; and that is the only reasonable explanation for the scarring on his ear as he has explained it. The applicant’s complete response is at Exhibit E. _________________________________________________________________ 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. After a thorough review of the applicant’s complete submission, including his response to the advisory opinion rendered in this case, we believe that a preponderance of the evidence indicates that his injuries were the direct result of enemy action during combat operations near the French village of Bitche in Alsace Lorraine, France, on 4 Nov 44. We note the applicant was in battle on the front lines until Dec 44 and due to the chaotic conditions on the front lines, we find it reasonable that he was not treated for his wound until 30 days after the bombing attack. In view of the above, and noting that 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, we believe it appropriate to resolve any doubt in this matter in the applicant’s favor. Therefore, we recommend that his records be corrected to the extent indicated below. 4. The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue(s) involved. Therefore, the request for a hearing is not favorably considered. _________________________________________________________________ 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 on 4 November 1944 in the village of Bitche in Alsace Lorraine, France. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-04682 in Executive Session on 19 Jul 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 Forms 149, dated 15 Oct 10, w/atchs. Exhibit B. Applicant’s Master Military Personnel Records. Exhibit C. Letter, AFPC/DPSIDR, dated 3 Jan 12. Exhibit D. Letter, SAF/MRBR, dated 11 Jan 12. Exhibit E. Letter, Applicant, undated.