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AF | BCMR | CY2002 | 0201327
Original file (0201327.doc) Auto-classification: Approved

                            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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