Search Decisions

Decision Text

AF | BCMR | CY2002 | BC-2002-03474
Original file (BC-2002-03474.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: 02-03474
            INDEX CODE:  107.00
            COUNSEL:  NONE
            HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) Medal.

________________________________________________________________

APPLICANT CONTENDS THAT:

He was a Prisoner of War (POW) and received an  honorable  discharge.   When
he was shot down in  July  he  was  hit  with  shrapnel.   A  German  doctor
operated on him for shrapnel wounds but did not keep a record.

In support of his appeal,  the  applicant  provides  a  personal  statement,
supporting statements  from  an  ex-POW  detailing  events  that  transpired
during captivity and from a member of the 463rd Bomb Group,  an  information
sheet on the location of Prison Camps, a copy of missions completed  by  the
463rd Bomb Group, a copy of a Veterans  Administration  Former  POW  Medical
History document and an excerpt of Public Law 104-106.

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

_______________________________________________________________

STATEMENT OF FACTS:

The  applicant’s  records  were  lost   or   destroyed   and   efforts   at
reconstruction have been, for the most part, unsuccessful.   The  following
is the only known information pertaining to the applicant's service and was
extracted from  the  partially  reconstructed  record  and  from  documents
provided by the applicant.

The applicant enlisted in the Army of the United  States  Air  Corps  on  15
February 1943.  He was a Prisoner of War from 19 July 1944 to  2  May  1945.
The applicant was honorably discharged in the grade of staff sergeant on  28
October 1945, for the Convenience of the Government (Demobilization).

On 7 October 2002, after  a  review  of  his  available  military  personnel
record, the  Recognition  Programs  Branch,  determined  the  applicant  was
entitled to the following medals:  POW Medal, Good Conduct  Medal,  American
Campaign Medal, European-African Middle  Eastern  Campaign  Medal,  and  the
WWII Victory Medal.

By letter, dated 7 October 2002, the  Recognition  Programs  Branch  advised
the applicant that his military records were thoroughly  reviewed  and  that
they were unable to verify that he was entitled to the Purple Heart.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends the application be  denied.   DPPPR  states  that  the
applicant has not provided any  specific  or  detailed  information  on  any
injury or wound incurred as a direct result of enemy action.  His  claim  is
not supported by his VA records, which do not record  any  scar  or  mention
him having been wounded by shrapnel during WWII.

The AFPC/DPPPR evaluation, with attachments, is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states that he was a gunner on a B-17.  His plane was  shot  down.
He does not know how much more information he can  give  on  the  injury  he
incurred.  He was alone for at least two weeks and without his crew for  six
weeks.  He is over 80 years old.   Applicant’s letter, 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.  We took notice of the applicant’s contention that he should  be  awarded
the Purple Heart for an injury sustained while on a B-17 bombing mission  in
Europe.  After a thorough  review  of  his  submission  and  the  supporting
documentation he provided, to include a letter from a former  POW  detailing
the events that transpired during their captivity, this statement  does  not
persuade us that he should be awarded the Purple Heart Medal.  There  is  no
evidence of medical treatment for the wound he alleges he sustained or  that
the wound was a direct result of enemy action.  In addition,  the  applicant
did not provide any current medical evidence of scarring or other  residuals
of the asserted injury that would persuade us that he had an  injury,  which
warranted the  award  of  the  Purple  Heart  Medal.   However,  should  the
applicant obtain testimonies from other former  POWs  or  members  from  his
unit that were on the mission when he was shot down and can account for  his
injury, he may, of course, submit another request and the Board will  review
this new evidence.  While we appreciate and honor  the  applicant’s  service
to his country, in view of the above and absent persuasive evidence  showing
his records are in error  or  unjust,  the  applicant’s  request  cannot  be
favorably considered.
________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of probable material error or injustice; that the  application
was denied without a personal appearance;  and  that  the  application  will
only be reconsidered  upon  the  submission  of  newly  discovered  relevant
evidence not considered with this application.

________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 11 June 2003, under the provisions of AFI 36-2603:

                 Mr. Michael K. Gallogly, Panel Chair
                 Ms. Barbara J. White-Olson, Member
                 Mr. John B. Hennessey, Member

All members voted to correct the  records  as  recommended.   The  following
documentary evidence for AFBCMR Docket Number 02-03474 was considered:

    Exhibit A.  DD Form 149, dated 14 Oct 02, w/atchs.
    Exhibit B.  Applicant's Available Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 16 Dec 02, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 3 Jan 03.
    Exhibit E.  Letter, Applicant, undated.





                                   MICHAEL K. GALLOGLY
                                   Panel Chair



Similar Decisions

  • AF | BCMR | CY2002 | BC-2002-02988

    Original file (BC-2002-02988.doc) Auto-classification: Approved

    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. 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...

  • AF | BCMR | CY2003 | BC-2002-02988

    Original file (BC-2002-02988.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2002-02988 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. 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...

  • AF | BCMR | CY2004 | BC-2003-04015

    Original file (BC-2003-04015.doc) Auto-classification: Approved

    After thoroughly reviewing the evidence of record and noting the statement from the former POW, the majority of the Board is not persuaded the applicant was wounded as a direct result of enemy action. The applicant is a former Army Air Corps B-17, Flying Fortress, navigator who seeks award of the Purple Heart (PH) for wounds received during a bombing mission over Berlin, Germany, on 20 February 1944. The majority of the panel finds insufficient evidence to demonstrate that he was injured...

  • AF | BCMR | CY2003 | BC-2002-04058

    Original file (BC-2002-04058.doc) Auto-classification: Approved

    _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPW was able to document applicant’s claim of being a POW and consequently recommended his discharge document reflect that he was a POW and he be considered for award of the Purple Heart Medal. Therefore, the majority of the Board recommends the records be corrected as indicated below. JOHN L. ROBUCK Panel Chair DEPARTMENT OF THE AIR FORCE WASHINGTON DC [pic] Office Of The Assistant...

  • AF | BCMR | CY2006 | BC-2006-02265

    Original file (BC-2006-02265.doc) Auto-classification: Denied

    There is no evidence in his reconstructed limited military records to support he was injured as a direct result of enemy action. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. Should he respond with evidence of...

  • AF | BCMR | CY2002 | BC-2002-03684

    Original file (BC-2002-03684.doc) Auto-classification: Denied

    _________________________________________________________________ AIR FORCE EVALUATIONS: AFPC/DPWCM recommends the applicant’s request for award of the POW Medal be denied. On 22 October 1944, he provided the information that immediately after being shot down, he was picked up by partisans, evading capture by the enemy. After thoroughly reviewing the evidence of record and noting the applicant’s contentions, we are not persuaded he should be awarded the PH, DFC, and POW Medal.

  • AF | BCMR | CY2003 | 0200722

    Original file (0200722.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-00722 INDEX CODE: 107.00 COUNSEL: TEXAS VETERANS COMMISSION HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Purple Heart (PH) Medal. Hospitalized while prisoner of war. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the...

  • AF | BCMR | CY2004 | BC-2002-03224

    Original file (BC-2002-03224.doc) Auto-classification: Approved

    _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPPR recommends denial of the applicant’s request for award of the PH medal. AFPC/DPPPR recommends denial of the applicant’s request for award of the PH medal. The applicant has not provided any documentation or corroborating evidence that he suffered any injuries or wounds while a POW in Germany.

  • AF | BCMR | CY2008 | BC-2007-01675

    Original file (BC-2007-01675.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-01675 INDEX CODE: 107.00 COUNSEL: NONE HEARING DESIRED: NOT INDICATED _________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Purple Heart (PH) Medal for an injury he sustained when his aircraft was shot down on 4 Aug 44, and any other awards to which he may be entitled. His available records reflect he enlisted in the Army on...

  • AF | BCMR | CY2003 | 0203107

    Original file (0203107.doc) Auto-classification: Approved

    The following is the only known information pertaining to the applicant's service and was extracted from the partially reconstructed record and from documents provided by the applicant. However, he would be thankful if the Secretary of the Air Force Personnel Council would consider awarding him the Air Medal for his combat duty over Europe in 1943 and to reconsider the Purple Heart request. We believe that his back injury sustained in June 1943 was due to the forced aircraft bail-out which...