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AF | BCMR | CY2000 | 9900847
Original file (9900847.doc) Auto-classification: Approved

                            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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