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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