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
2
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
2
.
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).
6
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
2
*
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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