RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: 02-03107
            INDEX CODE:  107.00
      .     COUNSEL:  NONE
  .
            HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) Medal and the Air Medal  with  Oak  Leaf
Cluster. (By amendment at Exhibit B, his request for the Air Medal with  Oak
Leaf Cluster be dropped).

________________________________________________________________

APPLICANT CONTENDS THAT:

He participated in five combat missions for the Air Medal and a cluster  for
striking an enemy in a 109 aircraft.  He injured his back while using a  bad
fitting parachute when he bailed out of the B-17 and landed hard during  his
5th mission.  When he received his medals in 1999, he noticed that  the  Air
Medal and Purple Heart Medal were not awarded.  He believes he  is  entitled
to these medals after serving nearly 4 years in the military, for  flying  5
combat missions and for being shot down and  taken  as  a  Prisoner  of  War
(POW) for nearly 2 years.  He was hospitalized in a German Lazarette  for  3
plus months with impetigo, bronchial pneumonia and a back  injury.   He  has
had constant problems all his life with his back and other  illnesses  as  a
result of combat and imprisonment.  A friend of his,  also  an  ex-POW,  who
was shot down on his second combat mission was awarded the  Air  Medal  when
he applied at the SAF/MRB at Randolph AFB, TX.

In support of his appeal, the applicant provides a  copy  of  his  discharge
certificate, excerpts on the Purple Heart from an Ex-POW  Bulletin,  a  copy
of the VA compensation benefits letter, a supporting statement from the  co-
pilot of the B-17 mission, a copy of the VA Rating Decision, a copy  of  his
record at the German Lazarette and an information sheet  pertaining  to  his
5th combat mission over Europe.

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  2
March 1942.  He performed duty as a Flight Maintenance  Gunner.   He  was  a
Prisoner of War from 25  June  1943  to  8  May  1945.   The  applicant  was
honorably discharged in the grade of technical sergeant on 22 October  1945,
for the Convenience of the Government  (Demobilization).   He  was  credited
with 1 year, 5 months and 27 days of continental  service  and  2  years,  1
month and 24 days of foreign  service.   His  discharge  document  shows  he
participated in the Air Offensive  Europe  campaign.   He  was  awarded  the
European-African-Middle Eastern Service Medal and the Good Conduct Medal.

On 21 September 1999, the Secretary of the Army awarded  the  applicant  the
following medals:  POW Medal, Good Conduct Medal, American  Campaign  Medal,
European-African Middle Eastern Campaign Medal with  one  bronze  star,  and
the WWII Victory Medal.

By letter, dated 14 November 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  POW  and  Air  Medal
with oak leaf cluster. 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  responded
by indicating he did not have additional documentation to  substantiate  the
award  of  the  PH  except  for  the  testimony  provided  earlier  in   his
application by the co-pilot of the B-17.  He also indicated that  he  wished
to drop his request for the Air Medal with oak leaf  cluster  since  he  did
not have documentation substantiating that he shot down  an  enemy  aircraft
on June 25, 1943.  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.

On 2 January 2003, the Separations Branch advised the applicant  that  a  DD
Form 215, Correction to DD Form 214, was completed to include the  award  of
the Air Medal.

________________________________________________________________




AIR FORCE EVALUATION:

AFPC/DPPPR recommends the request for the Purple  Heart  be  denied.   DPPPR
states that the back injury was a result of a badly packed parachute,  which
he did not check out prior to take-off due  to  time  constraints;  however,
not as a result  of  bailing  out  e.g.,  injury  incurred  while  making  a
parachute landing.  The only medical records available were provided by  the
VA and his Report of Physical Examination of  Enlisted  Personnel  Prior  to
Discharge, shows that the only injury he claimed  was  bronchitis  while  at
the POW camp.  He did not provide any documentation showing treatment  at  a
VA facility until 1981.

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

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states that his request for the Purple Heart is due  to  the  back
injury that resulted from a badly fitted parachute and hitting  the  ground.
Had he not been shot down, he would not have sustained this injury.   So  he
considers this injury due to enemy fire.  After he was captured he  did  not
receive any medical treatment as long as he was able to walk.  In the  early
months of prison camp, he laid in bed most of the time and  the  pain  eased
considerably.  The German Army did  not  make  any  record  of  this  injury
because he was not hospitalized.   He  was  hospitalized  for  impetigo  and
bronchitis.  Part of his service connected VA disability  is  for  his  back
injury.

Applicant’s letter 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 injustice.  We are  persuaded  by  the  applicant’s  assertions
concerning his back injury and the supporting statement by  the  former  co-
pilot of his crew concerning his aircraft’s mission  over  Hamburg,  Germany
that it is possible he did sustain his injury as a direct  result  of  enemy
fire.  We believe that his back injury sustained in June  1943  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 injury from the existing  records
is not surprising in view of his status as a Prisoner of War  for  almost  a
two-year period.  In view  of  the  foregoing  and  in  recognition  of  his
service to the nation, it is our opinion that any doubt should  be  resolved
in the applicant’s favor.  Therefore, we recommend the records be  corrected
as indicated below.

4.  In regard to the applicant’s request for award  of  the  Air  Medal,  we
note that on 2 January 2003, he was  advised  by  the  Air  Force  Personnel
Center that a correction to his DD  Form  214,  Certificate  of  Release  or
Discharge from Active Duty, was accomplished to reflect  the  award  of  the
Air Medal.  Therefore, action by this Board on applicant’s request  for  the
basic Air Medal is not required.

________________________________________________________________

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 Hamburg, Germany on 25 June 1943.

________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 3 April 2003, under the provisions of AFI 36-2603:

                 Mr. Jackson A. Hauslein, Jr, Panel Chair
                 Ms. Marcie Jane Bachman, Member
                 Mr. Christopher Carey, Member

All members voted to correct the  records  as  recommended.   The  following
documentary evidence for AFBCMR Docket Number 02-03107 was considered:

    Exhibit A.  DD Form 149, dated 23 Sep 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 23 Dec 02, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 17 Jan 03.
    Exhibit E.  Letter, Applicant, dated 3 Feb 03.





                                   JACKSON A. HAUSLEIN JR
                                   Panel Chair



AFBCMR 02-03107




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 xxxxxxxx., 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 Hamburg, Germany, on 25
June 1943.





   JOE G. LINEBERGER

   Director

   Air Force Review Boards Agency