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.

________________________________________________________________

APPLICANT CONTENDS THAT:

He suffered combat wounds to the face and scalp.  He  is  a  POW  and  feels
that his unit, due to his status as a POW, did not  complete  the  paperwork
for the Purple Heart.

In support of his appeal, the  applicant  provides  a  supporting  statement
from the navigator of the B-24 mission.

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

_______________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Army of the United States on 10 December  1942
and entered active duty on same date.  He was assigned to duty  in  the  Air
Corps and was progressively promoted to the grade of staff sergeant.

The applicant was  assigned  to  the  763rd  Bombardment  Squadron,  in  the
European Theater of Operations  as  a  Flight  Maintenance  Gunner,  from  7
August 1944 through 14 June  1945,  when  he  returned  to  the  Continental
United States.  He was a Prisoner of War from 13 September 1944 to  5  March
1945.  On 24 October 1945, prior to the applicant’s  discharge,  a  physical
examination was completed and findings were annotated on  WD  AGO  Form  38,
Report of Physical Examination of Enlisted  Personnel  Prior  to  Discharge,
Release from Active Duty Or Retirement.  WD AGO Form 38,  Block  11,  states
“injury, 3rd right hand while prisoner of war.  Hospitalized while  prisoner
of  war.   No  residual;  Prisoner  of  War,  Sept  1944  until  May   1945.
Hospitalized Rheims, France, May 1945, for 5 days  for  malnutrition;  upset
stomach,  since  liberation.   No  hospitalization.   Dispensary  treatment.
Symptomatic.”
The applicant was honorably discharged in the grade of staff sergeant on  26
October 1945, for the Convenience of the  Government  (Demobilization).   He
was credited with 2 years and 2 days of continental  service  and  10 months
and  15  days  of  foreign  service.   His  discharge  document   shows   he
participated in the following campaigns:  Northern and Southern France,  Air
Combat Balkans, Rome-Arno, Northern Apennines.  He was awarded the European-
African-Middle Eastern Service Medal with 5 Bronze Stars, the  Good  Conduct
Medal, and the Air Medal.

The applicant reenlisted on 20 March 1946 and continued to enlist and  serve
until 1 December 1964, when  he  was  retired  in  the  grade  of  technical
sergeant.  He was credited with 20 years and 15 days of active service.

By letter, dated 9 May 2002, the  Purple  Heart  Review  Board,  Recognition
Programs Branch, advised  the  applicant  that  his  military  records  were
thoroughly reviewed and that they were able to verify that  he  was  a  POW,
which entitled him to the POW medal. In this same letter, the applicant  was
advised that a detailed description of how he  sustained  his  injuries  and
medical documentation to prove he was treated for these  injuries  would  be
required in order to process his request for the PH  award.   The  applicant
did not respond.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends the application be denied.  DPPPR states there  is  no
evidence in the applicant’s military personnel records that support  he  was
injured as a direct result of enemy action.  On 9 May  2002,  they  notified
the applicant and requested he provide additional information,  which  would
substantiate his claim.  He did not respond.

DPPPR evaluation, with attachments, is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states that while he was on a B-24 mission the plane  was  hit  by
enemy ground fire.  He was the top gunner of the  plane  and  shrapnel  came
through the bottom of the plane and hit the side  of  his  face  and  temple
knocking his helmet off and wounding his scalp.  When the aircrew  returned,
they put him in a jeep and took him to a field hospital  and  a  medic  took
care of his wounds.  The medic stated he would file the medical report.   On
13 September 1944, his plane was shot down over Poland and he  was  captured
and taken as a Prisoner of War.  He has never tried to  request  the  Purple
Heart because he knew he needed documentation.  Many things happened  during
the war that was not documented.  Due to the persistence  of  his  daughters
and  the  navigator  from  his  aircrew,  he  is  requesting  assistance  in
receiving the Purple Heart.  His comments are 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 injustice.  We took notice of the applicant’s  contention  that
he should be awarded the Purple Heart for injuries sustained while on  a  B-
24 bombing mission over Poland.  After a thorough review of  his  submission
and the supporting documentation he provided from the  pilot  who  indicates
that the applicant was hit  by  flack  on  his  head  causing  severe  scalp
wounds, the Board majority believes it  is  possible  that  he  did  sustain
these head wounds as a direct result of enemy  fire.   The  absence  of  any
information pertaining to the asserted wounds from the existing  records  is
not surprising in  view  of  the  nearly  half-year  absence  from  military
control while he was in Prisoner of War status.  In view  of  the  foregoing
and in recognition of his service to the nation, it is the Board  majority’s
opinion that  any  doubt  should  be  resolved  in  the  applicant’s  favor.
Therefore, the Board majority recommends that his 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 he was awarded the Purple  Heart  for
injuries he received in action against an enemy of the United States in a B-
24 aircraft during a mission over Poland during World War II.

________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 8 January 2002, under the provisions of AFI 36-2603:

                 Mr. Robert S. Boyd, Panel Chair
                 Mr. James W. Russell, III, Member
                 Mr. William H. Anderson, Member

Mr. Russell and Mr. Anderson voted to correct the  records  as  recommended.
Mr. Boyd voted to deny the applicant’s request and elected not to  submit  a
minority report.  The  following  documentary  evidence  for  AFBCMR  Docket
Number 02-00722 was considered:

    Exhibit A.  DD Form 149, dated 25 Feb 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 1 Jul 02, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 19 Jul 02.
    Exhibit E.  Letter, Applicant, dated 27 Jul 02.





                                   ROBERT S. BOYD
                                   Panel Chair


AFBCMR 02-00722




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 XXXXXXXXXX, 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-24 aircraft during a mission over Poland during World War II.






   JOE G. LINEBERGER

   Director

      Air Force Review Boards Agency