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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