Unbalanced Scale Of Recognition

[Robersabel]

I learned of the unbalanced scale when I attempted to assist a former airman of WWII receive the Purple Heart for experiencing wounds (frostbite) while in captivity. I received several letters from the Army in response to the request with confusing statements.

I contacted Colonel Theodore Jarvi, USAFR, Retired, former JAG officer, currently a civilian attorney in the East valley. He was kind enough to provide a 5-page letter of legal opinion stating the veteran is eligible for the medal.

An appeal was sent to the Air Force since all former Army Air Force personnel came under the jurisdiction of the USAF since 1948. The request was approved, and the veteran was awarded the Purple Heart at Luke, AFB in 2005.

The veteran sent a letter to the Army with a copy of the legal opinion. I thought the matter was settled until I assisted the daughter of WWII veteran (deceased) that fought with a tank unit in the Battle of the Bulge, and taken prisoner. He experienced frozen feet while forced by the enemy to march to a number of Stalags late 1944, and early 1945. The request for posthumous award of the Purple Heart was denied.

The bottom line is members of the Army during WWII were obviously serving the same service, same conditions in the European Theater of Operation. They sustained identical wounds, by the same enemy but it depended if one was in the infantry, tank unit, etc., or an airman.

The initial Public Law was approved in 1996, but only airmen are being awarded the Purple Heart today for wounds received while in captivity.

Question for Senator McCain: Sir, if you are Commander in Chief will you require the Army Board for Correction of Military Records follow the same guidelines as the Air Force, and approve the medal for former POWs that received wounds (including frostbite) while in captivity?


Robert E. Johnson

[Poulter]

Firstly Robert, welcome to this Band of Brothers and Sisters.
Must say this just seem a little unjust to say the least
Barry

[padraigmc]

Welcome Robert, Hope to see you around the forum !

This is definately a case of too much red tape and as they are known over here "jobsworths " !

It is a disgrace that this man who fought for freedom and suffered as a result is denied his proper recognition.

Keep up the good work !

[Robersabel]

Seems the subject is not important with only a few responses, and no suggestions. Anyone interested to enforce the US Constitution?
The below was provided by a local attorney which happens to be a retired USAFR Conlone, former JAG officer. The following was paraphrased:
ISSUE - APPICABILITY OF LATER POLICY

The WD Circulars for ABCMR in this case purports to consider a guideline developed after the fact in analyzing this case. The unfairness of this consideration is obvious. If it were to be applied to all cases, it would call for the removal of the Combat Infantryman badge from those veterans previously awarded them. In fact application of a later policy to facts surrounding a 1941/1942 event constitutes ex post facto application of law, specifically prohibited in the US Constitution by the prohibitions in Article 1, Section 9, Clause 3, against bills of attainder and ex post facto laws. Awards and decorations, like other rights, must be considered as of the date that the benefit was earned. Application of different standards, arising out of different sensibilities in different wars, wreaks havoc on any sense of equal application of laws. The fact that the Army, recently chose to change the policy relating to the badge cannot be applied to the facts of this case.

__________________________________________________________
Robert

[Connie]

Well that is one mouthful of gobbledygook! Or to put it more simply bulls**t. Have you tried the avenue of contacting local congressmen(women)? Now and then they are good for something, although in my opinion that isn't too often.
Connie

[GySgtMJones]

Robert,

Welcome to the forum!

First, let me give you Kudos for getting the Air Force veteran his Purple Heart and wish you good luck on the other one.

I am not familiar with regulations on the requirements for earning the Purple Heart from the Army nor the Air Force.

I am quite familiar with the regulations on the Purple Heart’s requirements from the United States Marine Corps, or at least those while I was serving. They may have changed since I retired.

The basic rule was that to be awarded the Purple Heart while a Marine was that the “wound” must have come from a result of enemy action and fire. “Injuries, diseases, immersion foot, jungle rot, etc., were not considered due to enemy action or fire, therefore not eligible for the Purple Heart. You could break an arm or leg, have them rot away, or suffer malaria or many other types and you would not be eligible for the Purple Heart. Trust me, I KNOW the Malaria thing.

So, I find it interesting that the Air Force would award the Purple Heart for frostbite. But, it may seem that the Army has basically the same restrictions as the Corps does, I guess.

I hope this might address your questions a little. It might not be that the Army is trying to be “hardass” on this, but that their requirements are different from the requirements for the Air Force. I know there are medals which are awarded by different branches but have different requirements depending which branch the member served in.

I hope this helps.

Good luck on the second medal! I hope you succeed.

Gunny Michael

[fiwi463pfa]

Same story for a 463rd PFA member, while attaching the 75 Pack Howitzer to a mule in the Alps Campaing 1944, he got kicked by the mule very badly, stayed in the hospital for 10 days.... Suffering still today from that .... but....
Mule was not a 'n-a-z-i', so no Purple Heart.