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AF | BCMR | CY2001 | 0000325
Original file (0000325.doc) Auto-classification: Approved


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  00-00325

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His record be corrected to reflect the award of the Purple Heart,  Air
Medal, Asiatic-Pacific  Campaign  Medal  with  bronze  star,  and  the
Republic of Korean War Service Medal.

_________________________________________________________________

APPLICANT CONTENDS THAT:

On 16 July 1944, he suffered back injuries while  parachuting  out  of
his stricken B17G bomber aircraft.

Applicant’s complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The available records reflect that the applicant entered the U.S. Army
Air Corps on 26 August 1943 and served until 2 December 1945.  Records
indicate the applicant was in a Prisoner-Of-War status  from  16  July
1944 to 13 May 1945.  Applicant served as  a  navigator  on  the  B-17
Flying Fortress in the European Theater of  Operations.   His  medals,
when discharged, included the Air Medal,  European  Theater  Operation
Ribbon, with three Battle Stars,  American  Defense  Ribbon  with  one
Battle Star and Asiatic Pacific Theater Ribbon.

_________________________________________________________________

AIR FORCE EVALUATION:

The Chief,  Recognition  Programs  Branch  Promotion,  Evaluation  and
Recognition Division, AFPC/DPPPR, reviewed the applicant’s request and
recommended denial.  There is no evidence in the applicant’s  official
medical records that he had been injured as a direct result  of  enemy
action.  Also, there is no document maintained in the member’s records
entitling him to additional Air Medals.

A complete copy of the evaluation is attached at Exhibit C.

_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  15
December 2000 for review and response.  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 regarding his request  for  all  awards,  with  the
exception of the Korean War  Service  Medal.   We  note  that  he  may
request administrative relief by forwarding the appropriate  paperwork
through the appropriate military channels as indicated by  the  office
of primary responsibility.

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 error or injustice  warranting  partial  relief  with
respect to the request for the Purple Heart.  It  appears  that  while
serving as a navigator on a B-17G Flying Fortress, the  applicant  was
forced to bail-out after the aircraft was hit  during  a  bombing  run
over Vienna, Austria.  Apparently the applicant injured his back as  a
result of the bail-out when he landed.  The Board believes  that  this
clearly  satisfies  the  criteria  for  the  Purple  Heart  since  the
applicant’s injury was incurred  following  a  forced  bail-out  as  a
direct result of enemy action.   In  view  of  the  foregoing  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, the Board recommends that he be awarded the Purple Heart.

4.    Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice warranting relief with respect  to
the applicant’s remaining requests.  After  thoroughly  reviewing  the
evidence of record, we find insufficient evidence that he was entitled
to an additional Air Medal, nor  has  he  submitted  documentation  to
substantiate his entitlement to a bronze star to  the  Asiatic-Pacific
Campaign  Medal.   Therefore,  in  the  absence  of  evidence  to  the
contrary, we find  no  compelling  basis  to  recommend  granting  the
remaining relief sought in this application.

_________________________________________________________________

THE BOARD DETERMINES 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 he received in action against  an  enemy  of
the United States in a B-17 aircraft during  a  mission  over  Vienna,
Austria on 16 July 1944.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 8 February 2001, under the provisions of AFI  36-
2603:

                 Mr. Patrick R. Wheeler, Panel Chair
                 Mr. Roger E. Willmeth, Member
                 Mr. John E. Pettit, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 12 Nov 99, w/atchs.
      Exhibit B. Applicant's Available Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPPR, dated 30 Nov 00, w/atch.
      Exhibit D. Letter, SAF/MIBR, dated 15 Dec 00.






      PATRICK R. WHEELER
      Panel Chair





AFBCMR 00-00325




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 he received in action against  an  enemy
of the United States in a B-17 aircraft during a mission over  Vienna,
Austria on 16 July 1944.








      JOE G. LINEBERGER
      Director
      Air Force Review Boards Agency


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