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AF | BCMR | CY2001 | 0002114
Original file (0002114.doc) Auto-classification: Approved


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  00-02114
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect award of the Purple  Heart  Medal,
Distinguished Flying Cross (DFC), and the Prisoner-of-War (POW) Medal.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He lost four front teeth and injured his back when  his  aircraft  was
shot down over Germany.

He was operated on for hemorrhoids as a POW.

In support of his appeal, the applicant provided  personal  statements
and extracts from his military personnel records.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Available documentation indicates that the applicant was appointed and
commissioned as a temporary second  lieutenant,  Army  of  the  United
States, on 7 Jan 44.  He was relieved from active duty on 19 Sep 45 in
the grade of first lieutenant.

The remaining  relevant  facts  pertaining  to  this  application  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 Recognition Programs Branch, AFPC/DPPPR, reviewed this application
and indicated that to be awarded the Purple Heart Medal, a member must
provide documentation to support he was wounded as a direct result  of
enemy action.  Indirect injuries do not meet  Purple  Heart  criteria.
Indirect injuries include but are not limited to, diseases,  exposure,
injuries received while seeking shelter from mortar or rocket attacks,
aircraft bombings, grenades, and injuries incurred while serving as an
aircraft member or in a passenger status as a result of the aircraft's
evasive measures against hostile fire.  DPPPR noted that the applicant
did provide a detailed personnel  account  to  support  his  injuries;
unfortunately, it was still  necessary  that  the  wound  required  or
received medical treatment  by  medical  personnel.   Statements  from
individuals not substantiated by either medical  or  official  records
will not be considered as sufficient evidence of wounds.

Regarding the DFC, DPPPR stated that the policy existing prior  to  14
Aug 43 entailed the DFC being awarded on the basis of  35 missions  of
operational  flight  against  the  enemy.   After  this  timeframe,  a
recommendation for the DFC  changed  from  a  nomination  to  a  fully
justified recommendation  submitted  by  an  immediate  supervisor  or
someone (other than the member) having firsthand knowledge of the  act
or achievement.  The applicant’s records  do  not  contain  a  written
recommendation of the award.

DPPPR noted that the applicant was a Prisoner-of-War (POW) from  4 Apr
to 13 Apr 45.  According to DPPPR, he has since been awarded  the  POW
Medal, and this will be added to his separation document.

According to DPPPR, there was no evidence in the applicant’s  official
records to substantiate his  claims  and  recommended  denial  of  the
applicant’s request for award of the Purple Heart Medal and DFC.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  12
Jan 01 for review and response.  As of this date, no response has been
received by this office (Exhibit D).

_________________________________________________________________


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 injustice warranting corrective action regarding
the applicant’s request that his records be corrected to reflect award
of the DFC.  We note that prior to 14 Aug  43,  the  DFC  was  awarded
based on 35 missions of operational flight against the  enemy.   After
this timeframe, a  recommendation  from  an  immediate  supervisor  or
someone having firsthand knowledge of the  act  or  achievement.   The
latter policy was in effect during the applicant’s period of  service.
However, the office of primary responsibility has indicated  that  the
applicant’s records did not contain a  recommendation  of  the  award.
While it does not appear that the applicant met the criteria for award
of the DFC based on the policy in effect at the time, it  does  appear
that he may have met the earlier requirement.   It  this  respect,  we
note that the applicant had over 800 flying hours of which  320  hours
were combat hours.  Based  on  the  hours  flown,  we  believe  it  is
reasonable to assume that the applicant may have flown  the  requisite
missions required for award of the DFC based on the policy  in  effect
prior to 14 Aug 93.  Notwithstanding this, in view of the  applicant’s
dedicated service and sacrifice for his country, which included  being
a POW, we believe it is in  the  interest  of  justice  to  award  the
applicant the DFC.  Accordingly, we  recommend  that  the  applicant’s
records be corrected to reflect award of the DFC.

4.  Insufficient relevant evidence has been presented  to  demonstrate
the existence of probable error or injustice regarding the applicant’s
request for award  of  the  Purple  Heart  Medal.   A  review  of  the
available evidence reveals that the applicant was a pilot whose  plane
was severely  damaged  by  heavy  flak  and  crash-landed.   Applicant
contends  that  he  suffered  injuries  as  result  of  the  incident.
However, no evidence has been presented  to  support  his  assertions.
Therefore,  the  applicant’s  request  is  not  favorably  considered.
Notwithstanding this, if the applicant were to provide any medical  or
dental documentation pertaining to his injuries, we may be inclined to
favorably reconsider his request.

5.  We note the applicant’s request that his records be  corrected  to
reflect  award  of  the  POW  Medal  was  corrected  administratively.
Therefore, no further action is contemplated concerning this request.

_________________________________________________________________

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
Distinguished  Flying  Cross  for  extraordinary   achievement   while
participating in aerial flight from 25 July 1944 to 4 April 1945.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 14 Mar 01, under the provisions of AFI 36-2603:

      Mr. Terry A. Yonkers, Panel Chair
      Ms. Carolyn J. Watkins, 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 27 Jul 00, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPPR, dated 11 Dec 00.
     Exhibit D.  Letter, SAF/MIBR, dated 12 Jan 01.




                                   TERRY A. YONKERS
                                   Panel Chair



AFBCMR 00-02114




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 awarded the
Distinguished Flying Cross for extraordinary achievement while
participating in aerial flight from 25 July 1944 to 4 April 1945.







    JOE G. LINEBERGER

    Director

    Air Force Review Boards Agency


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