RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 99-00492
INDEX CODE 107.00 130.00
COUNSEL: No
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
He receive the Purple Heart (PH) for injury sustained in World War II
[he also mentions there is no record of his being a prisoner-of-war
(POW)].
_________________________________________________________________
APPLICANT CONTENDS THAT:
The reasons the applicant believes the records to be in error or
unjust and the evidence submitted in support of the appeal are at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Based on the available records, the applicant was an aerial gunner who
parachuted from a disabled plane over Rumania on 6 June 1994. It
appears he was a POW from 6 June to 1 September 1944. Although Block
34 of the WD AGO Form 53-55 for his 6 November 1945 honorable
discharge states “Leg wound in bailing out of B-24,” his official
Physical Examination for flying, dated 11 November 1994 reflects “6
June 1944: Parachuted from disabled plane over Rumania, no injuries
sustained.”
The Separations Office at HQ AFPC informally advised the AFBCMR Staff
that the WD AGO Form 53-55 itself could not be corrected because it is
an obsolete Army form. The information contained thereon would either
have to be reaccomplished on a DD Form 214, or corrections to the WD
AGO Form could be made on a DD Form 215, which would be attached to
the WD AGO.
The remaining relevant facts pertaining to this application, extracted
from the applicant's military records, are contained in the letter
prepared by the appropriate office of the Air Force. Accordingly,
there is no need to recite these facts in this Record of Proceedings.
_________________________________________________________________
AIR FORCE EVALUATION:
The Chief, Recognition Programs Branch, HQ AFPC/DPPPR, reviewed the
applicant’s case and records and provides his rationale for
recommending denial of the PH.
A complete copy of the evaluation, with attachments, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the evaluation was forwarded to the applicant on 28
May 1999 for review and comment within 30 days. As of this date, no
response has been received by this office.
_________________________________________________________________
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 probable error or injustice to warrant partial
relief. The applicant’s request for the PH was considered; however, we
agree with the recommendations of the Air Force and adopt the
rationale expressed as the basis for our decision that he has failed
to provide persuasive evidence of an injury meeting the criteria for
award of the PH. Consequently, this portion of the applicant’s appeal
is denied. While not specifically listed in the requested action
section of his DD Form 149, the applicant does mention that his
records do not reflect he was a POW. It appears that he was interned
for a period of time as a POW. Therefore, as the WD AGO Form 53-55 is
an obsolete Army form, we recommend a DD Form 215 be issued reflecting
his time as a POW for the period 6 June to 1 September 1944.
_________________________________________________________________
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 issued a DD
Form 215, in conjunction with his 6 November 1945 WD AGO Form
53-55, reflecting prisoner-of-war status from 6 June to 1 September
1944.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 26 August 1999, under the provisions of AFI 36-
2603:
Mr. Wayne R. Gracie, Panel Chair
Mr. Lawrence R. Leehey, Member
Ms. Leta L. O’Connor, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 17 Feb 99, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPPR, dated 13 May 99, w/atchs.
Exhibit D. Letter, AFBCMR, dated 28 May 99.
WAYNE R. GRACIE
Panel Chair
AFBCMR 99-00492
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:
The pertinent military records of the Department of the Air
Force relating to , be corrected to show that he was issued
a DD Form 215, in conjunction with his 6 November 1945 WD AGO Form 53-
55, reflecting prisoner-of-war status from 6 June to 1 September 1944.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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