RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: 02-00931
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His WD AGO  form  53-55,  Enlisted  Record  and  Report  of  Separation,  be
corrected to show the award of the Purple Heart (PH).

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

The Air Force failed to award and deliver the PH in a timely  manner  before
his discharge.  At the time of his  discharge,  everyone  was  being  rushed
through and because he was  21  years  of  age,  he  failed  to  notice  the
inaccuracies on the form.

In support of his request, applicant submits a  statement  from  the  former
pilot of  his  crew,  a  copy  of  his  discharge  documents  and  discharge
certificate,   correspondence   from   his   Congressman   and   copies   of
correspondence to various Department of Defense agencies.

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

_________________________________________________________________

STATEMENT OF FACTS:

The National Personnel Records Center (NPRC) has been unable to  locate  the
applicant’s  original  military  records  and  it  is  presumed  they   were
destroyed by  fire  in  1973  at  the  NPRC  in  St. Louis.   The  following
information has been extracted from the reconstructed  records  provided  by
the NPRC and the records provided by the applicant.

The applicant enlisted into the Army of the  United  States  on  15 December
1942.  He entered active duty on 19 February 1943, was assigned to  duty  in
the Air Corps,  and  was  progressively  promoted  to  the  grade  of  staff
sergeant.

The applicant was in the European Theater of Operations as  a  B-17  “Flying
Fortress” armorer gunner, from 3 November 1944 through  10 June  1945,  when
he returned to the Continental United States.
The  applicant  was  honorably  discharged  on  25  October  1945,  for  the
Convenience of the Government (Demobilization).   He  was  credited  with  2
years and 15 days of continental  service  and  7  months  and  22  days  of
foreign service.  His discharge document shows he had  participated  in  the
Ardennes,  Central  and  Western  Europe  and  Rhineland   campaigns.    His
decorations include the  Good  Conduct  Medal,  the  European-African-Middle
Eastern Service Medal with five bronze stars, and the Air Medal.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends the application be  denied.  AFPC/DPPPR  states,  that
the applicant has not provided any documentation showing he was  treated  by
medical personnel for shrapnel wounds incurred on  29  December  1944  as  a
direct result of enemy action.  Some  of  the  applicant’s  medical  records
provided by the VA show that he was  treated  on  29  December  1944  for  a
serverely sprained ankle  incurred  that  date  after  bailing  out  of  his
damaged aircraft.  However, there is no mention of  any  wounds,  especially
shrapnel  wounds  or  lacerations  to  his  head,  that   received   medical
treatment.  The applicant’s VA medical records from WWII  show  it  was  his
left ankle that was injured, but current VA examination  x-rayed  his  right
ankle and toe for injury, finding none.

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

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The applicant states that his honorable discharge does not  include  the  PH
because the medal was mailed to his residence after his discharge.   He  has
already received the PH and he is merely  asking  for  it  to  be  replaced.
Because he had big feet, shoe size 13, leather shoes  to  protect  his  feet
and ankles were not available.  He was ordered to fly  without  shoes.   His
injury was severe because he landed on the peak of a frozen furrow.

The former pilot from his crew is old and may have  forgotten  the  position
that he occupied on 29 December 1944.  Applicant states it doesn’t  matter--
what matters is that they were hit by flack  over  enemy  territory  and  he
received a “sprain-left ankle-severe” when he bailed out of a B-17 while  on
a combat mission.  He has already received the medal  once.   His  wife  and
children have seen his Purple Heart medal.

The applicant’s complete response, with attachments, is at Exhibit E.

On 18  June  2002,  applicant’s  Congressional  representative  submitted  a
letter on his behalf requesting  a  review  of  the  PH  be  completed  (see
Exhibit F).
On 21 October 2002, applicant reiterated that he is  not  requesting  to  be
awarded the PH only a replacement.  He provides a  photocopy  of  the  lapel
tac to prove that the PH was sent to him (see Exhibit G).

_________________________________________________________________

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 are  persuaded  by  the  applicant’s  assertions
concerning his injury and the supporting statement by the  former  pilot  of
his crew concerning his aircraft’s mission raid over  Kassel,  Germany  that
it is possible he did sustain wounds as a direct result of enemy  fire.   We
believe that his ankle injury sustained in December  1944  was  due  to  the
forced aircraft bail-out which was the direct result  of  enemy  action  and
satisfies the criteria for award of the Purple Heart.  The  absence  of  any
information pertaining to the asserted injuries from  the  existing  records
is not suprising in view of the confusion that  may  have  existed  at  that
time.  The Board is persuaded that  the  applicant  may  have  received  the
Purple Heart for injuries received when his B-17 was shot down over  France.
 In view of the foregoing and in recognition of his service to  the  nation,
it is our opinion than any doubt  should  be  resolved  in  the  applicant’s
favor.  Therefore, we  recommend  the  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-
17 aircraft during a mission over Kassel, Germany, on 29 December 1944.

_________________________________________________________________





The following members of the Board  considered  Docket  Number  02-00931  in
Executive Session on 8 January 2003, under the provisions of AFI 36-2603:

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

All members voted to correct the records as recommended.  The following
documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 27 July 2001, w/atchs.
    Exhibit B.  Reconstructed Military Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 1 August 2002.
    Exhibit D.  Letter, SAF/MRBR, dated 9 August 2002.
    Exhibit E.  Letter, Applicant, dated 27 August 2002.
    Exhibit F.  Letter, Congressman Shaw, 18 June 2002, w/atchs.
    Exhibit G.  Letter, Applicant, 21 October 2002 w/atchs.




                                   ROBERT S. BOYD
                                   Panel Chair

AFBCMR 02-00931




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 xxxxxxxxx, 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 Kassel, Germany, on
29 December 1944.





   JOE G. LINEBERGER

   Director

      Air Force Review Boards Agency