RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-02988
            INDEX CODE:  107.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His record be corrected to reflect  the  award  of  the  Purple  Heart
Medal.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was wounded on 12 September 1944 while  on  a  bombing  mission  to
Magdeburg, Germany during WWII.  He states that he and  the  navigator
were in the nose of the B-17 aircraft when it was hit by gunfire  from
a German fighter plane.  He was wounded when a bullet grazed his  left
arm.  The applicant states his wound was not very  serious  but  there
was a considerable amount of blood.

In support of his request, applicant submits a personal  statement,  a
statement from the navigator, a copy of  Standard  Form  180,  Request
Pertaining to Military Records, letters from AFPC/DPPPRA and a copy of
the Purple Heart criteria.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s military personnel records were destroyed by fire in 1973.
 The available records reflect that the  applicant  served  on  active
duty during the period 5 February 1944 through 11 December 1945.

He was shot down and was a German Prisoner  of  War  from           12
September 1944 through 1 May 1945.

VA provided a copy of the applicant’s Physical  Examination  conducted
on 27 October 1945, prior to  his  discharge  on          11  December
1945.  Applicant’s reports of physical examination in  1947  and  1950
and excerpts from his current VA medical records show that in 1947 and
1950 the only scar documented was on his right foot.   On  16  October
2002, AFPC/DPPPR  informed  the  applicant  that  the  information  he
provided was insufficient to determine his eligibility  for  award  of
the Purple Heart  Medal.   He  was  asked  to  provide  the  necessary
documentation  to  substantiate  his  claim.   On  24  Oct  2002,  the
applicant stated he did not know the wound had  to  be  treated  by  a
doctor, just that he had to have been wounded  enough  to  bleed.   He
stated he was wounded on 12 September 1944 (the day he was  shot  down
and taken POW), and a bullet grazed the inside of his left upper  arm.

On 8 November 2002, AFPC/DPPPR again informed the applicant that  they
needed additional documentation.  He was informed, that until  his  VA
physical examination, there was no evidence  in  his  medical  records
that he had a scar on his arm or that he had been wounded during WWII.
 He was asked to either provide the documents needed  to  substantiate
his claim or to withdraw his application.

Corrections were made to the applicant’s Report of  Separation  on  22
November 2002 as a result of a previous DD Form 149, requesting  award
of the POW Medal.  No mention was made at that time of his having been
wounded as a result of enemy action.

Examiners Note:  Requested SAF/MRBR review Mr. F  (the  navigator  for
the mission) records to determine if he received the Purple Heart  for
the aforementioned mission.  No record could be found  to  verify  his
receipt of the Purple Heart.  However, this  office  contacted  Mr.  F
directly, who stated that Mr. Tipton was wounded during  this  mission
and was deserving of the Purple Heart.  He also declared that  he  was
awarded the Purple Heart Medal for this mission and agreed to  provide
a copy of his DD 214, which  verifies  he  is  a  Purple  Heart  Medal
recipient.  A copy of the DD 214 is at Exhibit F.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial.  The  applicant  signed  his  Report  of
Separation showing that he received no wounds in action, his 1947  and
1950 physical examinations do not show any scars or wounds received as
a direct result of enemy action, and the applicant did not provide any
documentation to substantiate his claim. Eligibility for award of  the
Purple Heart Medal cannot be verified.  The evidence is overwhelmingly
against the applicant’s claim that he was  wounded  in  action.   Only
after he was informed  that  he  needed  to  provide  details  of  the
incident he stated he  was  not  hit  by  flak,  but  by  enemy  fire.
However, he told the VA that he was hit by flak.  He did  not  explain
how he had no scar on his arm  through  1950,  but  had  a  scar  when
examined by the VA.

AFPC/DPPPR evaluation is attached at Exhibit C.

_________________________________________________________________




APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states that the wound was on his left arm.   It  was  not  a
very large wound, but was small.  He never brought  attention  to  the
scar when discharged or in other exams so no documentation exists that
can be obtained to support his claim.  He only has his  word  and  the
word of Lieutenant F.  His complete submission 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  an  injustice.   After  a  thorough  review  of  the
applicant’s submission, we are persuaded by the applicant's  assertion
concerning his alleged injury and the corroboration by Lt F concerning
his aircraft's  mission  raid  over  Magdeburg,  Germany  that  it  is
possible he did sustain wounds as a direct result of enemy fire  while
he was serving on a B-17 aircraft on that mission during World War II.
 The absence of any information pertaining to the asserted wounds from
the existing  records  is  not  surprising  considering  the  member's
captivity may have  deprived  him  of  appropriate  medical  care  and
prevented the proper documentation of his medical records.  In view of
the foregoing and in recognition of his service to the Nation,  it  is
our opinion that any doubt concerning the applicant’s  entitlement  to
the PH should be resolved in his favor and that his records should  be
corrected as indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS 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 he received in action against an enemy
of the United States in  a  B-17  aircraft  during  a  mission  over
Magdeburg, Germany, on 12 September 1944.

_________________________________________________________________

The following members of the Board considered Docket  Number  02-02988
in Executive Session on 20 May 2003, under the provisions of  AFI  36-
2603:

                 Mr. John L. Robuck, Panel Chair
                 Mr. Billy C. Baxter, Member
                 Mr. Kenneth Dumm, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 13 Sep 02, w/atchs.
      Exhibit B. Letter, AFPC/DPW, dated 11 Jul 02, w/atchs.
      Exhibit C. Letter, AFPC/DPPPR, dated 14 Jan 03.
      Exhibit D. Letter, SAF/MRBR, dated 17 Jan 03.
      Exhibit E. Letter, Applicant’s Response, dated 28 Jan 03.
      Exhibit F  DD Form 214, Navigator, dated 23 Nov 45.






      JOHN L. ROBUCK
      Panel Chair




AFBCMR 02-02988



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, be corrected to show that he was awarded  the  Purple
Heart for injuries he received in action against  an  enemy  of  the  United
States in a B-17 aircraft during a mission over Magdeburg,  Germany,  on  12
September 1944.









  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency