RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-05033 COUNSEL: HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His official records be corrected to show he was awarded the following: 1. The Purple Heart Medal (PH). 2. The Good Conduct Medal (GCM). 3. The American Campaign Medal (ACM). (Administratively corrected) 4. The World War II Victory Medal (WWIIVM). (Administratively corrected) ________________________________________________________________ APPLICANT CONTENDS THAT: He was injured on 8 Apr 44, while serving as a top turret gunner on a B-24 during a bombing mission over Brunswick, Germany. During the mission, an enemy shell blew a basketball size hole in his plexiglass turret, cutting the left side of his face and head. Upon returning from the mission, his injuries were treated and we was told by the Bomb Group Commander he was being considered for the Purple Heart. He served honorably from 9 Nov 42 to 20 Sep 45, but was not awarded the GCM due to administrative oversight. His service meets the criteria at the time of one year of service for award of the GCM, as established by Executive Order 10444, dated 10 Apr 53. In support of his appeal, the applicant provides copies of his WD AGO Form 53-55, Army of the United States Honorable Discharge Certificate, Executive Order 10444, Executive Order 9323, excerpts from DoDM 1348.33-V3, Manual of Military Decorations and Awards: General Information, Medal of Honor, and Defense/Joint Decorations and Awards, and military photos. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Army Air Corps on 9 Nov 42. His official records contain the following: “Mar 31, 1945 Sol(dier) is favorably considered for Good Conduct Medal, LAAF, Laredo, Texas.” The entry was verified and initialed by “WCC,” on the line for “Officer’s Initials.” His WD AGO Form 38, Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty or Retirement, dated 19 Sep 45, indicates a sprained ankle as the only significant disease, wound, or injury incurred. Under Block 43, Remarks, special tests, or other defects, “None” is entered. He was honorably discharged on 20 Sep 45 and was credited with 2 years, 10 months, and 12 days of total active service. The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility which is included at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDRA recommends denial of the PH Medal and GCM, indicating there is no evidence of an error or injustice. The PH is awarded to members of the 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 U.S. 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. There is no official documentation in the applicant’s record verifying he received an injury. Item 34, Wounds Received in Action, on the applicant’s WD AGO 53-55, contains the entry “None.” Further, medical documentation verifying the applicant received a wound as a direct result of enemy action requiring medical treatment, and eyewitness statement(s) to help support the applicant’s claim were not provided. The GCM is awarded to enlisted Service members who have honorably completed three continuous years of active military service subsequent to 26 Aug 40, and who are recommended by their commanding officers for exemplary behavior, efficiency, and fidelity throughout the qualifying period, including time spent in attendance at service schools, and there must have been no convictions by court martial. During wartime the GCM may be awarded on completion of one year of continuous service rather than three. The supporting documentation provided does not indicate that he was recommended for or awarded the GCM while on active duty. A complete copy of the AFPC/DPSIDRA evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Counsel reiterates that after receiving treatment for his injury, the applicant’s Group Commander told him he would be put in for the PH Medal. They are searching for additional information, however, due the passage of time, this has become a difficult task. With respect to the GCM, he submits documentation from the applicant’s records indicating he was favorably considered for the Good Conduct Medal on 31 Mar 45, as well as two WD AGO Form 24-2s, dated 9 May 45 and 27 Aug 44, which reflect the applicant’s character and efficiency rating as a soldier as “Excellent.” In addition, the fact the applicant’s was awarded Distinguished Flying Cross with three Bronze Stars, and Air Medal with four Oak Leaf Clusters is evidence of his quality of service (Exhibit E). In a subsequent submission, Counsel also provides additional documentation concerning the applicant’s request for award of the PH Medal. He reiterates the story of how the head injury occurred, and submits information about the applicant’s Department of Veterans Affairs compensable rating of 10 percent for a service connected disability, based in part on a “flack injury to L/side of forehead (4th Mission) 1944.” (Exhibit F) ________________________________________________________________ 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. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice concerning the applicant’s request for the Purple Heart (PH) Medal. We took notice of the applicant’s complete submission, to include his responses to the Air Force advisory, in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice concerning the PH Medal. While Counsel argues the Department of Veterans Affairs (DVA) determination to award the applicant disability benefits is evidence of his entitlement to the PH Medal, we do not find the documentation provided sufficient to conclude the applicant’s unspecified service connected disabilities were incurred as the result of enemy action. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the request for the award of the PH. Notwithstanding the above, sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice concerning award of the Good Conduct Medal (GCM). We note the comments of AFPC/DPSIDRA stating they could not verify the applicant was recommended for or awarded the GCM; however, we believe the documentation in his official record indicating that on 31 Mar 45 he was favorably considered for the Good Conduct Medal, the documentation attesting to his excellent character, his numerous awards and decorations, and his honorable discharge collectively provide a sufficient basis for us to recommend the award of the GCM. Therefore, we recommend his records 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 on 20 September 1945 he was awarded the Good Conduct Medal. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-05033 in Executive Session on 7 Aug 12, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records, as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2011-05033 was considered: Exhibit A. DD Forms 149, dated 16 Dec 11, 6 Jan 12, 19 Jan 12, and 19 Jan 12, with atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIDRA, dated 27 Mar 12. Exhibit D. Letter, SAF/MRBR, dated 30 Mar 12. Exhibit E. Letter, Counsel, dated 5 Apr 12, w/atchs. Exhibit F. Letter, Counsel, dated 5 May 12, w/atchs. Panel Chair