RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBERS: 02-01327
INDEX CODE 107.00
COUNSEL: None
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH) for injuries sustained in World
War II (WWII).
_________________________________________________________________
APPLICANT CONTENDS THAT:
On a bombing mission over Germany, anti-aircraft fire damaged his
plane and he bailed out over the occupied Netherlands. To minimize his
exposure as a floating target, he delayed opening his chute until
about 1500 feet from the ground. He hit the ground hard and wind
caught his chute, dragging him until his left hip hit a barbed wire
fence post at the edge of a canal. The post broke and his feet and
legs went into the canal’s icy water. He was pulled from the water and
taken to a German unit as a prisoner of war (POW). The only treatment
he received was to have his legs and feet dried off and covered with a
blanket. Following questioning, he was told to sign a form. After
doing so, the German officer snatched the pen from his hand with such
force that the clip ripped the skin on his right index finger, drawing
blood.
The applicant’s complete submission, with attachments, is at Exhibit
A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant entered active duty on 13 Sep 43 and was deployed
overseas on 7 Jul 44 as an aerial gunner with the 8th Air Force.
According to an official 20 Apr 45 letter to the applicant’s mother,
he was the ball gunner on a B-24 bomber participating in a bombing
mission to Magdeburg, Germany, on 9 Feb 45. During the mission, a
prepare-to-bailout signal was given while the bomber was in a spiral.
The applicant and the bombardier parachuted out north of Amsterdam,
Holland. In the meantime, the pilot successfully brought the aircraft
under control and safely returned it to base with the remaining
personnel on board. The applicant was taken as a POW and ultimately
liberated from Moosburg Camp on 29 Apr 45. He was returned to the US
on 4 Jun 45.
WD AGO Form 33, Report of Physical Examination of Enlisted Personnel
Prior to Discharge, dated 25 Oct 45, indicates the applicant was found
to be physically and psychiatrically normal.
The applicant was honorably discharged on 29 Oct 45 in the grade of
staff sergeant with 2 years, 2 months and 12 days of active service.
His WD AGO Form 53-55 indicates he participated in the Normandy,
Northern France, Ardennes, and Rhineland campaigns as well as 21
combat missions. The form also reflects he received no wounds.
The applicant enlisted in the Air Force Reserves on 21 May 47 and was
honorably discharged on 20 Mar 50. He was appointed to the Reserve
grade of 2nd lieutenant on 4 Nov 52 and ultimately retired in the
Reserve grade of colonel.
A 21 Jul 02 Department of Veterans Affairs (DVA) reflects the
applicant has a disability rating of 90% for various ailments.
The applicant originally applied for the PH to the Army Review Boards
Agency; however, that agency forwarded his claim to the AFBCMR on
5 Apr 02. On 3 Jun 02, HQ AFPC/DPPPRA advised the applicant of the PH
criteria and that he had not established his eligibility for the PH.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPPR notes the applicant was not injured as he bailed out of
the disabled aircraft. His injury was the result of his own
action/decision in delaying the opening of his parachute until he was
1500 feet from the ground. Furthermore, the applicant states the
injury he received was a bruised hip, not a wound. The applicant
alleges that his finger was cut when a German officer yanked a pen out
of his hand after signing a document. This is considered an accident,
not a result of deliberate action on the part of the German officer to
cause injury, such as a beating. The applicant has not provided any
documentation showing that he received medical treatment for either
injury and there is no documentation in his medical file mentioning
either of these injuries. Denial is recommended.
A complete copy of the evaluation, with attachments, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the
applicant on 23 Aug 02 for review and comment within 30 days. This
office has received no response from the applicant; however, his
senator (North Carolina) forwarded an inquiry in his behalf to the
AFBCMR Staff. In his letter, the senator indicates the applicant
states his injury was not the result of his own actions and that he
was following orders as to when to engage his parachute. The senator
asks that the case be reviewed again.
A complete copy of the senator’s inquiry, with attachments, is at
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 error or injustice to warrant awarding the applicant
the PH for injuries sustained after bailing out of a spiraling
aircraft in WWII. While the Air Force contends the applicant’s injury
resulted because he chose to delay opening his parachute, we find this
a prudent decision on his part. His descent occurred in enemy-
occupied territory and we find it reasonable that he would not want to
prolong his exposure as a floating target. While the required
documentation regarding treatment for injuries is lacking, we have no
basis to doubt the veracity of the applicant’s story. We find it
unlikely that the enemy would take pains to document the wounds and
medical treatment of a POW. Therefore, we conclude that any doubt
should be resolved in this applicant’s favor and recommend he be
awarded the PH for injuries sustained after bailing out of his B-24
bomber on 9 Feb 45.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that on 5 June 1945, he
was awarded the Purple Heart for injuries received against an enemy of
the United States while on a mission over hostile enemy territory on
9 February 1945 and that the WD AGO Form 53-55, Enlisted Record and
Report of Separation, issued in conjunction with his honorable
discharge on 29 October 1945, reflects he was awarded the Purple
Heart.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 3 October 2002 under the provisions of AFI 36-
2603:
Mr. Wayne R. Gracie, Panel Chair
Mr. George Franklin, Member
Ms. Kathleen F. Graham, Member
The following documentary evidence relating to AFBCMR Docket Number 02-
01327 was considered:
Exhibit A. DD Form 149, dated 5 Mar 01, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPPR, dated 31 Jul 02, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 23 Aug 02.
Exhibit E. Congressional Inquiry, dated 23 Sep 02, w/atchs.
WAYNE R. GRACIE
Panel Chair
AFBCMR 02-01327
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 5 June 1945, he
was awarded the Purple Heart for injuries received against an enemy of
the United States while on a mission over hostile enemy territory on
9 February 1945 and that the WD AGO Form 53-55, Enlisted Record and
Report of Separation, issued in conjunction with his honorable
discharge on 29 October 1945, reflects he was awarded the Purple
Heart.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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