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AF | BCMR | CY2002 | 0201250
Original file (0201250.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-01250
            INDEX NUMBER:  107.00
      XXXXXXXXXXXX     COUNSEL:  None

      XXX-XX-XXXX      HEARING DESIRED:  No

________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart for flak wounds he received in    Dec 44
while on a bombing mission.

________________________________________________________________

APPLICANT CONTENDS THAT:

In support of his request, applicant submits  a  newspaper  article,  a
letter from the pilot, and a notarized statement from the navigator  on
the mission.  Applicant also provides a copy of a letter written to his
congressman and a copy of his congressman’s letter to the Board on  his
behalf.

The applicant’s complete submission, with attachments, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The applicant served on active duty in the Army Air Corp from 5 Apr  43
until 17 Oct 45.   The  remaining  relevant  facts  pertinent  to  this
application are contained in the evaluation prepared by the appropriate
office of the Air Force.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial of  the  applicant’  request.   They  have
attached a copy of a letter sent to the applicant requesting additional
information to substantiate his claim.  The applicant did not respond.

The complete evaluation, with attachments, is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 19
Jul 02 for review and comment within 30 days.  To date, a response  has
not been received.

_________________________________________________________________

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 error or  injustice.   The  Board  was  persuaded  by  the
letters of support the applicant provided from  other  members  of  the
aircrew on the flight that he sustained injuries.  While  there  is  no
documented medical record of the applicant’s injuries, the Board  finds
the applicant’s explanation reasonable as to  why.   Since  the  record
does clearly indicate that the applicant was a  crewmember  on  a  B-24
Bomber hit by enemy fire in December 1944, we believe  that  any  doubt
regarding injuries sustained by the applicant should be resolved in his
favor.  Therefore, the Board recommends that the applicant’s 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 on 31 March  1945,  he
was awarded the Purple Heart for injuries sustained as a direct  result
of enemy action on 28 December 1944.

_______________________________________________________________

The following members of the Board considered Docket Number 02-01250 in
Executive Session on 21 August 2002, under the provisions  of  AFI  36-
2603:

      Mr. Lawrence R. Leehy, Panel Chair
      Mr. Mike Novel, Member
      Ms. Marilyn Thomas, Member

A majority of the Board voted to correct the records,  as  recommended.
Mr. Leehy voted to deny, but  did  not  desire  to  submit  a  minority
report.  The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 5 Mar 02, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, AFPC/DPPPR, dated 1 Jul 02.
     Exhibit D.  Letter, SAF/MIBR, dated 19 Jul 02.




                                   LAWRENCE R. LEEHY
                                   Panel Chair


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