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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