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AF | BCMR | CY2001 | 0002119
Original file (0002119.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  00-02119
            INDEX CODE:  107.00

            COUNSEL:  Military Order of the
                          Purple Heart (MOPH)

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) medal for  injuries  sustained  while  a
Prisoner of War (POW) in Germany.
_________________________________________________________________

APPLICANT CONTENDS THAT:

His plane was shot down over Germany on 22 Feb 45.  On or about  10 Apr  45,
he suffered shrapnel wounds while on a forced march in Germany as a POW.

In support of his request, applicant submits a  personal  statement,  copies
of documents from the Department of Veterans Affairs (DVA) and letters  from
counsel and the Department of the Army (Exhibit A).
_________________________________________________________________

STATEMENT OF FACTS:

The  applicant’s  WD  AGO  Form  53-55,  Enlisted  Record  and   Report   of
Separation, reveals that the applicant served  on  active  duty  during  the
period 24 Jul 43 - 26 Oct 45, with an overseas tour  in  Europe  during  the
period of 18 Oct 44 - 28 May  45.   The  applicant  received  the  European-
African-Middle Eastern Service Medal with 3 bronze stars and the  Air  Medal
with 3 oak leaf clusters.

The  applicant’s  case   file   reveals   that   the   Director,   Personnel
Accountability, HQ AFPC/DPW, requested the  applicant’s  discharge  document
be corrected to reflect he was a POW from 22  Feb  45  to  29  Apr  45.   In
addition, it was noted that the Prisoner of  War  (POW)  medal  was  missing
from  the  applicant’s  discharge  document.   The  aforementioned  will  be
administratively corrected by HQ AFPC.
_________________________________________________________________

AIR FORCE EVALUATION:

The Recognition Programs Branch, HQ AFPC/DPPPR, stated that the  applicant’s
request for award of the Purple  Heart  (PH)  medal  was  forwarded  to  the
Purple Heart Review Board (PHRB) on 4  Jan  00.   The  PHRB  determined  the
applicant did not have sufficient documentation  to  approve  the  PH.   The
only supporting documentation to any injuries was  statements  reflected  by
the  applicant’s  personal  accounts,  which  conflict   with   VA   medical
documentation.  DPPPR found  no  evidence  in  the  applicant’s  medical  or
personnel  records  provided  that  he  had  been  injured  by  the   enemy.
Therefore, DPPPR recommended the applicant’s most recent request  for  award
of the PH be denied.  A complete copy of  this  evaluation  is  appended  at
Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  and  counsel
on 16 February 2001 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 error or injustice warranting favorable action on  the
applicant’s request for  award  of  the  Purple  Heart.   Available  records
verify that the applicant was a Prisoner of War (POW) from 22 Feb 45  to  29
Apr 45.  In this  respect,  the  Board  was  persuaded  by  the  applicant’s
account of  events  resulting  in  his  injuries.   While  evidence  in  the
available record is not conclusive regarding the source of  the  applicant’s
injuries,  the  Board  believes  that  it  is  plausible  the  injuries  the
applicant did sustain during a forced march in Germany were  the  result  of
friendly fire and that any doubt  should  be  resolved  in  the  applicant’s
favor.   Accordingly,  we  recommend  that  the  records  be  corrected   as
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 by friendly fire during a forced march in  Germany  as  a
Prisoner of War (POW) in 1945.
_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 28 March 2001, under the provisions of AFI 36-2603:

                  Mr. David C. Van Gasbeck, Panel Chair
                  Mr. Robert S. Boyd, Member
              Mr. Edward H. Parker, Member

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

   Exhibit A.  DD Form 149, dated 15 Jan 00, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPR, dated 31 Jan 01.
   Exhibit D.  Letters, SAF/MIBR, dated 16 Feb 01.




                                   DAVID C. VAN GASBECK
                                   Panel Chair



AFBCMR 00-02119




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 by friendly fire during a forced march in
Germany as a Prisoner of War (POW) in 1945.




            JOE G. LINEBERGER
                                        Director

                                        Air Force Review Boards Agency


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