SECOND ADDENDUM TO 

RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

SEP 1 4  1998 

IN THE MATTER OF: 

DOCKET NUMBER: 96-03401 

COUNSEL:  None 

HEARING DESIRED:  NO 

RESUME OF CASE: 
On  4 February  1998 I  the  Board  reconsidered  applicant’s request 
that  he  be  awarded  the  Purple  Heart  (PH) . 
The  Board  found 
insufficient  evidence  of  an  error  or  injustice  and  denied  the 
application.  A  complete copy of  the  Record  of  Proceedings  is 
attached at Exhibit F. 

In  a  letter,  dated  1  December  1997,  the  State  of 
Department of Veterans Affairs, provided additional documentation 
and  requested  reconsideration  of  the  applicant’s  request  for 
award of the PH  (Exhibit G). 

THE BOARD CONCLUDES THAT: 

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Sufficient  relevant evidence  has  been  presented  to  demonstrate 
the existence of probable error or injustice. It  is uncontested 
that the applicant’s aircraft was  shot down while  on a bombing 
As such, the only issue before this Board 
mission over 
is whether or 
no  t e applicant’s injury was the direct result of 
enemy  action.  After  thoroughly  reviewing  the  additional 
documentation  submitted  by  applicant,  a  majority  of  the  Board 
believes  the  applicant  has  provided  sufficient  evidence  to 
indicate that  he  sustained his  injuries when  his  aircraft  was 
shot  down. 
Although  statements  from  eyewitnesses  would  be 
h e l p f u l   in  deciding  this  case,  in  view  of  the  applicant’s 
personal statements and noting the Wartime Log he has provided, a 
majority of  the Board  believes  it  would  be  unjust  to deny his 
request.  Therefore, we recommend his records be corrected to the 
extent indicated. 

THE  BOARD RECOMMENDS THAT: 
The pertinent military records of the Department of the Air Force 
relating to APPLICANT, be  corrected to show that he was awarded 

the Purple Heart  for injuries sustained during a bombing mission 
on 9 August 1944 over Hungary. 

The following members of the Board considered this application in 
Executive  Session on  16 July 1998, under  the provisions of AFI 
3 6 - 2 6 0 3  : 

Mr. David C. Van Gasbeck, Panel Chair 
Mr. Michael P. Higgins, Member 
Mr. Vaughn E. Schlunz, Member 
Mr. Phillip E. Horton, Examiner (without vote) 

A  majority  of  the  Board  voted  to  correct  the  records,  as 
recommended.  Mr. Higgins voted to deny applicant’s request for 
reconsideration. 
The  following  documentary  evidence  was 
considered: 

Exhibit H.  Addendum to Record of Proceedinss. 

Exhibit I. 

dated 10 Mar 9 8 ,   w/atchs. 
Letter, Alabama DVA, dated 1 Dec 97, w/atchs. 

4 ,  

--Pa61 Chair 

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DEPARTMENT OF THE AIR FORCE 

WASHINGTON, D. C. 

SEP 1 4  1998 

Office of the Assistant Secretary 

AFBCMR 96-0340 1 

'  MEMORANDUM FOR THE CHIEF OF STAFF 

Having received and considered the recommendation of the Air Force Board for 

Correction of Military Records and under the authority of Section 1552, Title 10, United States 
Code (70A Stat 116), it is directed that: 

rds of the Department of the Air Force relating t 
corrected to show that he was awarded the Purpl 

bing mission on 9 August 1944 over -. 

Air Force Review Boards Agency 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

ADDENDUM TO 

RECORD OF PROCEEDINGS 

IN THE MATTER OF: 

DOCKET NUMBER: 96-03401 

COUNSEL:  None 
HEARING DESIRED:  NO 

RESUME OF CASE: 

In an application, dated 13 January 1994, the applicant requested 
award of the Purple Heart  (PH) and the Good Conduct Medal  (GCM). 

On 22 May  1997,  the Board  considered his  requests in Executive 
Session and found insufficient evidence of an error or injustice 
and  denied  the  application.  A  complete copy of  the Record  of 
Proceedings is attached at Exhibit F. 

In a letter, dated 25 June 1997, the State of 
of Veterans Affairs, requested reconsideration 
request for award of the PH  (Exhibit G). 

'  Department 
- -  
e applicant s 

THE BOARD CONCLUDES THAT: 

Insufficient relevant evidence has been presented to demonstrate 
the existence of probable error or injustice.  After thoroughly 
reviewing the evidence of record and the additional documentation 
submitted in behalf of the applicant, we are still not persuaded 
the applicant should be awarded the PH.  Although documentation 
available indicates the a 
I s   aircraft was shot down while 
on a bombing mission ove 
,  there is insufficient evidence 
esult of enemy action.  We note 
that his injury was the 
that indirect  injuries, such as those  received during  a forced 
bail-out, do not meet the criteria for award of the PH.  Based on 
the  evidence  of  record,  we  do  not  believe  the  applicant  has 
established  that  he  meets  the  criteria  for  award  of  the  PH. 
Therefore, in the absence of evidence to the contrary, we find no 
compelling basis to recommend granting the relief sought in this 
application. 

THE BOARD DETERMINES THAT: 

The applicant be notified that the additional evidence presented 
did not demonstrate the existence of probable material error or 
injustice;  that  the  application  was  denied  without  a  personal 
appearance; and  that  the  application will  only be  reconsidered 
upon  the  submission of  newly  discovered  relevant  evidence  not 
considered with this application. 

The following members of the Board considered this application in 
Executive Session on 4  February 1998, under the provisions of AFI 
3 6 - 2 6 0 3  : 

Mr. David C. Van Gasbeck, Panel Chair 
Mr. Michael P. Higgins, Member 
Ms. Sophie A. Clark, Member 
Mr. Phillip E. Horton, Examiner (without vote) 

The following documentary evidence was considered: 

Exhibit F. 
Exhibit G. 

Record of Proceedings, dated 2 Jun 97, w/atchs. 
Letter, Alabama Dept of Veterans Affairs, dated 
2 5   Jun 97. 

'vanel Chair 

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. 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD  OF PROCEEDINGS 

IN THE MATTER OF: 

DOCKET NUMBER:  96-03401 
COUNSEL:  None 

HEARING DESIRED:  No 

APPLICANT REOUESTS THAT: 

He be  awarded the Purple Heart  (PH) and the Good  Conduct Medal 
(GCM). 

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APPLICANT CONTENDS THAT: 

He  should  be  awarded  the  PH  since  he  was  injured  when  his 
aircraft was shot down on 9 August 1944 and he was captured. 
The applicant  states that  he  received a  severe head  wound  as a 
result of  the crash and  received medical  treatment when he  was 
captured. 
Applicant's complete submission is attached at Exhibit A .  

STATEMENT OF FACTS: 

On 15 May 1942, the applicant enlisted in Army Air Corps. 
On  28  J u l y   1943,  the  applicant  was  commissioned  a  second 
lieutenant in the Army Air Corps and entered active duty. 
On  6 March  1944, the  applicant  wi 
Group, as a  B-24  pilot,  in the 
Theater of Operation. 

On  9 August  1944,  the applicant was  interned as a  Prisoner-of- 
War. 

The applicant was repatriated to US control on 29 April 1945. 
On 22 October 1945,  the applicant was relieved from active duty 
in .the grade of first lieutenant.  He completed 2 years, 2 months 
and 24 days of active service, and received 4 Air Medals. 

Examiner's Note: 
The  Good  Conduct  Medal  (GCM)  is  awarded  to  enlisted  personnel 
upon completion of  three years of  service.  Since the applicant 
was an officer, he was not entitled to the GCM. 

I 

AIR FORCE EVALUATION: 

The  Recognition  Programs  Branch,  AFPC/DPPPRA,  reviewed  this 
application and notes that the Purple Heart  (PH) is awarded for 
wounds received as a direct result of enemy action (Le., gunshot 
or  shrapnel  wounds,  hand-to-hand  combat  wounds,  or  forced 
aircraft  bail  out  injuries) . 
They  state  that  there  is  no 
official or medical documentation indicating that the applicant's 
injuries were a direct result of  enemy action.  Therefore, they 
recommend  denial of his request. 
A  complete  copy  of  the  Air  Force  evaluation  is  attached  at 
Exhibit C. 

APPLICANT'S REVIEW OF  A I R   FORCE  EVALUATION: 
The applicant  reviewed the Air Force evaluation and states that 
the Air  Force recommends denial of his request because there is 
no medical or official records showing he sustained his injuries; 
however, there are official military records showing the bombing 
mission, the fact that the plane was shot down, and that some of 
the  crew  were  listed  as  Missing-in-Action  (MIA), and  some  as 
Killed-in-Action (KIA) . 
Applicant's complete response is attached at Exhibit E. 

THE  BOARD CONCLUDES THAT: 
1.  The applicant has exhausted a l l   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 probable error or injustice.  After 
thoroughly  reviewing  the  evidence  of  record  and  noting  the 
applicant's contentions, we  are not. persuaded that  he  has been 
Che victim of an error or injustice.  The personal sacrifice the 
applicant has endured for his country is noted and our decision 
should  in  no  way  lessens  his  service;  however, there is no 

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* 

5 

documentation indicating that his  injuries were  a direct  result 
in the absence of  evidence to the 
of  enemy action. 
contrary, we  find no compelling basis to recommend granting the 
relief sought in this application. 

Therefore, 

- 

THE BOARD DETERMINES THAT: 

The  applicant  be  notified  that  the  evidence presented  did  not 
demonstrate  the  existence  of  probable  material  error  or 
injustice;  that  the  application  was  denied  without  a  personal 
appearance; and  that  the  application will  only be  reconsidered 
upon  the  submission of  newly  discovered  relevant  evidence  not 
considered with this application. 

The following members of the Board considered this application in 
Executive Session on 22 May 1997, under the provisions of AFI 3 6 -  
2603 : 

Mr. David C. Van Gasbeck, Panel Chairman 
Mr. Michael P. Higgins, Member 
Ms. Sophie Clark, Member 
Mr. Phillip E. Horton, Examiner (without vote) 

The following documentary evidence was considered: 

Exhibit A. 
Exhibit B. 
Exhibit C. 
Exhibit D. 
Exhibit E. 

DD Form 149, dated 1 3   Jan 94, w/atchs. 
Applicant's Master Personnel Records. 
Letter, AFPC/DPPPRA, dated 11 Mar 97. 
Letter, AFBCMR, dated 24 Mar 97. 
Letter, Dept of Veterans Affairs, dated 1 Apr 97. 

-&ne1 

Chairman 

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