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AF | BCMR | CY2001 | 0003104
Original file (0003104.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: 00-03104
            INDEX CODE:  107.00
            COUNSEL:  NO

            HEARING DESIRED:  NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart Medal.

________________________________________________________________

APPLICANT CONTENDS THAT:

As a tail gunner in a B-24 Bomber during World War II, his plane was gunned
down by the Germans.  When the ball turret and tail were shot off,  he  and
two waist gunners fell to the ground where he was  apprehended  by  Germans
and beaten with rifles.

Applicant’s personal statement and application is included as Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

The  applicant’s  records  were  lost   or   destroyed   and   efforts   at
reconstruction have been, for the most part, unsuccessful.   The  following
is the only known information pertaining to the applicant's service and was
extracted from  the  partially  reconstructed  record  and  from  documents
provided by the applicant.

The applicant was inducted into the Army of the United States Air Corps  on
24 February 1943.  He performed duty  as  an  Armorer  Gunner.   He  was  a
Prisoner of War from 24 April 1944 to 19 April 1945.  On 21 November  1945,
prior to the applicant’s discharge, a physical  examination  was  completed
and findings  were  annotated  on  WD  AGO  Form  38,  Report  of  Physical
Examination of Enlisted Personnel Prior to Discharge, Release  from  Active
Duty Or Retirement. WD AGO Form 38,  Block  11,  states  “WIA,  hand,  rt.,
(shrapnel wound) April 1944, over Belgium, no hospitalization, First aid by
Germans.” He was honorably discharged in the grade of Staff Sergeant on  21
November 1945.  He received the  Prisoner  of  War  Medal  (POW),  American
Theater  Service  Medal,  European-African-Middle  Eastern  Service   Medal
w/Bronze Star, Air Medal, World War II Victory Medal.

___________________________________________________________________

AIR FORCE EVALUATION:

The Recognition Programs Branch,  AFPC/DPPPR,  indicates  that  the  Purple
Heart is awarded for wounds received as a direct result  of  enemy  action.
In February 1996, eligibility for award of the Purple Heart was extended to
former POWs that were held prior to 25 April 1962 and  suffered  wounds  or
injuries at the hands of their captors.  Additionally, the wound must  have
required or received treatment by medical personnel.  Indirect injuries  do
not meet the criteria for award for the Purple Heart.  On 4  January  2001,
AFPC/DPPPRA notified the applicant of the criteria required for  the  award
of the Purple Heart Medal and to provide additional information to  include
any eyewitness statements, which would substantiate his  claim.   As  of  4
January 2001, the applicant has not responded  to  the  request  and  DPPPR
stated that there is no evidence in the applicant’s  records  that  he  had
been injured  as  a  result  of  direct  enemy  action.   Therefore,  DPPPR
recommends the applicant’s request be denied.

A copy of the advisory is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant  on  23
March 2001 for review and response.  As  of  this  date,  this  office  has
received no response.

___________________________________________________________________

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.  After a  careful  review  of  the  applicant’s
Veteran’s Administration Record, we are convinced that his WD AGO  Form  38,
Report of Physical Examination of Enlisted  Personnel  Prior  to  Discharge,
Release  From  Active  Duty  or  Retirement,  satisfies  the  Purple   Heart
criteria.  The WD AGO Form 38, Block 11,  specifically  states  “WIA,  hand,
rt., (shrapnel wound) April 1944.”  We  believe  the  injury  the  applicant
sustained in April 1944 was the direct result of enemy action and meets  the
criteria for award of the  Purple  Heart.   Therefore,  any  doubt  in  this
matter should be resolved in favor of the applicant and his  records  should
be corrected to show he received the Purple Heart Medal.
__________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected to show that on 21 November 1945, he was  awarded
the Purple Heart for injuries sustained while  on  a  mission  over  hostile
enemy territory in April 1944 and that  the  WD  AGO  Form  53-55,  Enlisted
Record and Report of Separation, issued in conjunction  with  his  honorable
discharge on 21 November 1945, reflects he was awarded the Purple Heart.

__________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 9 May 2001, under the provisions of AFI 36-2603:

      Mr. Thomas C. Markiewicz, Vice Chair
      Ms. Mary C. Johnson, Member
      Mr. Thomas J. Topolski, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, 14 November 2000, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPPR w/atchs, dated 13 March 2001.
    Exhibit D.  Letter, AFBCMR, dated 16 March 2001.




                                   THOMAS C. MARKIEWICZ
                                   Panel Chair




AFBCMR 00-03104




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 on 21 November 1945, he was awarded
the Purple Heart for injuries sustained as a direct result of enemy action
in April 1944.





   JOE G. LINEBERGER

   Director

   Air Force Review Boards Agency



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