RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 99-00847
INDEX CODE: 107.00
XXXXXXXXXXXXXXXX COUNSEL: NONE
XXXXXXXXXXX HEARING DESIRED: YES
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart Medal.
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:
The 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 Staff. Accordingly, there is no need to
recite these facts in this Record of Proceedings.
AIR FORCE EVALUATION:
The Chief, Awards and Decorations, Recognition Programs Branch, HQ
AFPC/DPPPR reviewed this application and states that there is no evidence
in the applicant’s records that he had been injured as a direct result of
enemy action. Official documents maintained in the member’s records do not
reflect any injuries during the period he was classified as missing in
action. Therefore, they recommend denial of applicant’s request.
A complete copy of the Air Force evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 17 March 2000, a copy of the Air Force evaluation was forwarded to the
applicant for review and response 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 warranting award of the Purple
Heart Medal. There is no doubt that the applicant was missing in action
(MIA) during World War II. Applicant indicates that his plane (B-17) was
shot down during a bombing mission and that he and the crew crash landed in
France, wherein he injuried his left leg. After hiding in a tool shed for
two days his leg became infected. He contacted a nearby farmer who took
him to an underground doctor. Although applicant did not provide medical
documentation that his injuries required or received treatment by medical
personnel, we are satisfied with the explanation provided by the applicant
that he was treated in France by an underground doctor. We note that
applicant did provide part of a medical form indicating that his plane was
shot down on his 4th mission and he was an evadee for two months before
reaching England, thru Spain. He also provided a telegram from the Defense
Department to his mother indicating that he was missing in action.
Clearly, to not award the Purple Heart for injuries which were incurred
through no fault of his own, would be a grave injustice to the applicant.
Therefore, we believe the applicant should be awarded the Purple Heart as
an exception to policy. In view of the above and in recognition of his
service to the Nation during a period of national emergency and to preclude
any possibility of an injustice to the applicant, we recommend his records
be corrected to the extent indicated below.
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 over Stuttgart, Germany on 6
September 1943.
The following members of the Board considered this application in Executive
Session on 13 June 2000, under the provisions of AFI 36-2603:
Ms. Cathlynn B. Sparks, Panel Chair
Mr. Edward H. Parker, Member
Ms. Peggy Gordon, Member
All members voted to correct the records, as recommended. The following
documentary evidence was considered:
Exhibit A. DD Form 149, dated 25 Mar 99 & 13 Feb 00, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPPR, dated 3 Mar 00.
Exhibit D. Letter, SAF/MIBR, dated 17 Mar 00.
CATHLYNN B. SPARKS
Panel Chair
AFBCMR 99-00847
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 APPLICANT, be corrected to show that he was awarded the Purple
Heart for injuries sustained during a bombing mission over Stuttgart,
Germany on 6 September 1943.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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