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AF | BCMR | CY2002 | 0103083
Original file (0103083.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  01-03083
                       INDEX CODE:  107.00
      APPLICANT  COUNSEL:  None

      SSN        HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

He receive the Purple Heart (PH) for an injury he sustained  during  a
parachute jump over Munster, Germany on 10 October 1943.

_________________________________________________________________

APPLICANT CONTENDS THAT:

While on a flying combat mission, his aircraft was hit and damaged  by
enemy fire forcing him and the crew  to  abandon  the  aircraft  using
parachutes.  He injured his back when he hit the ground.

Applicant's complete submission,  with  attachments,  is  attached  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant's military personnel records were destroyed by fire and only
limited information is  available  for  review.   The  relevant  facts
pertaining  to  this  application,  extracted  from  the   applicant's
available military records, are contained in the  letter  prepared  by
the appropriate office of the Air Force.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR states there is no evidence in the applicant's record to
substantiate that the injury he received was a direct result of  enemy
action.

The applicant's request was forwarded to the Purple Heart Review Board
(PHRB) in December 2001.  The PHRB determined the applicant
did not provide sufficient documentation to support being awarded  the
PH.  The applicant was forwarded the criteria required  for  award  of
the PH.  He was requested  to  provide  additional  information  which
would substantiate his  receiving  the  PH.   The  applicant  did  not
provide any additional documentation.

Based on  the  information  provided,  DPPPR  recommends  denying  the
applicant's request.

A complete copy of the Air Force evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant submitted, via  his  Congressman,  letters  from  former
military members in support his request for award of the Purple  Heart
(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.    Sufficient relevant evidence has been presented  to  demonstrate
the existence of probable error or injustice warranting the  award  of
the Purple Heart medal.  After reviewing the supporting  documentation
submitted, we are persuaded that the applicant did, in fact, meet  the
criteria for the award of the Purple Heart for injuries sustained as a
direct result of enemy action.  While on a flying combat mission,  the
applicant's aircraft was hit and damaged by enemy fire causing him  to
bail out of the aircraft and undoubtedly injuring  his  back  when  he
landed on the ground.  The absence of any information in the  existing
records pertaining to the treatment of his injury is not surprising in
view of his year and half absence from military control while  he  was
in Prisoner of War (POW) status.  Additionally, we note the statements
from 2 former POWs indicating that the applicant  suffered  from  back
pain while he was a POW.  In view of the foregoing and in  recognition
of his service to the nation, it is our opinion that any doubt  should
be resolved in the applicant's favor.  Therefore,  we  recommend  that
his records be corrected as indicated below.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to the APPLICANT be corrected to show that he was awarded the
Purple Heart for injuries received in action against an enemy  of  the
United States during a mission over Munster,  Germany  on  10  October
1943.

_________________________________________________________________

The following  members of the  Board   considered  Docket  Number  01-
03083 in Executive Session on 28 March 2002, under the  provisions  of
AFI 36-2603:

                       Mr. Richard A. Peterson, Panel Chair
                       Mr. Roscoe Hinton, Jr., Member
                       Mr. James E. Short, Member

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

      Exhibit A. DD Form 149, undated, w/atchs.
      Exhibit B. Applicant's Available Master Personnel Records.
      Exhibit C. Letter, HQ AFPC/DPPPR, dated 4 Feb 02.
      Exhibit D. Letter, SAF/MRBR, dated 8 Feb 02.
      Exhibit E. Applicant's Response.




                             RICHARD A. PETERSON
                             Panel Chair






AFBCMR 01-03083
INDEX CODE:  107.00




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, SSN, be corrected to show that he was awarded the
Purple Heart for injuries received in action against an enemy of the
United States during a mission over Munster, Germany on 10 October 1943.




                       JOE G. LINEBERGER
                       Director
                       Air Force Review Boards Agency

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