RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 00-03068
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He should receive the PH as a result of injuries he received as a direct
result of enemy action.
The applicant states that on 24 November 1944, while serving as a B-17
radio operator on a bombing mission, his aircraft was hit by flak and
forced down over France. When the aircraft was hit by flak, his left ear
began to hurt and fluid started coming out of it. When treated in the
hospital, a medic asked, “Do you want the Purple Heart, it’s a lot of work
for me?” Not realizing what he was saying and thinking, he said he was not
wounded that bad and asked not to be submitted for the PH. Over the years,
he has had difficulty hearing and realizes that he should have let the
medic submit the paperwork for the PH.
In support of the appeal, applicant submits his personal statement; a
letter, dated 7 May 1945, concerning his combat performance; and a Veterans
Administration (VA) decision, dated 28 September 1978, awarding him a 10%
disability rating for his ear.
The applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
During the period 17 July 1944 through 6 February 1945, the applicant
served as a B-17 radio operator in the Army Air Corps. During this period,
he completed a total of 24 missions and was awarded four Air Medals.
On 28 September 1978, the VA awarded the applicant a 10% disability rating
for his ear.
The PH is awarded for wounds received as a direct result of enemy action
that required or received treatment by medical personnel.
_________________________________________________________________
AIR FORCE EVALUATION:
The Chief, Recognition Program Branch, AFPC/DPPPR, reviewed the 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. The documentation
provided indicates that a doctor recorded aerotitis during combat, but that
record was made in December 1949, five years after the applicant claims
injury in combat. Although the incident occurred in the line of duty in a
combat area, it was not the direct result of enemy action. Therefore, they
recommend applicant’s request be denied.
A complete copy of the evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the Air Force evaluation and states that as a result
of the enemy action, their B-17 had as many as 80 to 90 holes in it which
caused them to lose altitude fast, resulting in damage to his left ear.
When asked if he wanted the PH, he was in a hospital bed with a bad ear and
thought of all the men with limbs missing, holes in their bodies, and
bleeding. At that time, what he had was nothing and he said he did not
want the PH; however, if he had known how he would suffer with it all of
his life, he would have said yes. He notes that the waist gunner of their
crew received the PH because of frozen feet.
In further support of the appeal, applicant submits typed copies of the
mission from his diary and photographs.
The applicant’s complete response is attached at Exhibit E.
_________________________________________________________________
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. Insufficient relevant evidence has been presented to demonstrate the
existence of probable error or injustice. After thoroughly reviewing the
evidence of record and noting the applicant’s contentions, we are not
persuaded that he has been the victim of an error or injustice. The
personal sacrifice the applicant endured for his country is noted and our
decision should in no way lessen his service; however, insufficient
documentary evidence has been presented to warrant awarding him the Purple
Heart. Therefore, in the absence of evidence to the contrary, we find no
compelling basis to recommend granting the relief sought in this
application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of probable material error or injustice; that the application
was denied without a personal appearance; and that the application will
only be reconsidered upon the submission of newly discovered relevant
evidence not considered with this application.
_________________________________________________________________
The following members of the Board considered this application in Executive
Session on 22 May 2001, under the provisions of AFI 36-2603:
Mr. Richard A. Peterson, Panel Chair
Mr. Roscoe Hinton, Jr.,Member
Mr. Jay H. Jordan, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 1 Nov 00, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPR, dated 13 Apr 01.
Exhibit D. Letter, SAF/MIBR, dated 23 Mar 01.
Exhibit E. Letter, Applicant, dated 4 Apr 01, w/atchs.
RICHARD A. PETERSON
Panel Chair
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