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AF | BCMR | CY2003 | BC-2002-04079
Original file (BC-2002-04079.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2002-04079

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH).
_________________________________________________________________

THE APPLICANT CONTENDS THAT:

He should receive the PH for a wound he  received  as  a  direct  result  of
enemy action on 25 March 1945.

The orders awarding him the Distinguished Flying Cross (DFC)  indicate  that
he sustained serious leg injuries  as  a  result  of  enemy  fire  during  a
bombing mission.

In support of the appeal, the applicant submits a copy of  the  DFC  general
orders and citation, and extracts from his military records.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s records were destroyed by  fire  in  1973  at  the  National
Personnel Records Center, in St. Louis, Missouri.  Therefore, the  following
information has been obtained from documentation provided by  the  applicant
and his reconstructed record.  In addition, his service medical records  are
not on file with the Department of Veterans Affairs (DVA).

The applicant is a former Army Air Corps member who served  from  5 February
1944  through  29  November  1945,  as  a  B-26  bombardier,  in  the  ---th
Bombardment Squadron,  ---th  Bombardment  Wing.   He  completed  45  combat
missions  and  served  in  the  Rhineland,  Ardennes,  Central  Europe,  and
Northern France campaigns.

On 11 August 1945, he was awarded the  DFC  for  extraordinary  achievement.
The general orders awarding him the DFC indicate that,  “During  the  course
of the attack, he [the  applicant]  sustained  serious  leg  injuries,  but,
disregarding the painful wounds, he remained at  his  post  and  directed  a
highly successful attack upon the target.”

The PH is awarded for wounds received as a direct  result  of  enemy  action
(i.e., gunshot  or  shrapnel  wounds,  hand-to-hand  combat  wounds,  forced
aircraft bail out injuries, etc.) that required  or  received  treatment  by
medical personnel.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends the  application  be  denied.  AFPC/DPPPR  states,  in
part, that although the DFC citation refers to  serious  leg  injuries,  the
applicant does not state what injuries he received or how he received  them.
 He did not refer to  any  medical  treatment  he  might  have  received  or
provide  any  documentation  showing  that  he  did  received  any   medical
treatment for leg injuries  incurred  on  25  March  1943.   His  Report  of
Separation, which he signed as being correct, shows, “None,”  in  Block  30,
Wounds Received in Action.

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

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to  the  applicant
on 11 April 2003 for review and response within 30  days.   However,  as  of
this date, this office has received no response.

_________________________________________________________________

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 error or injustice warranting award of the PH.   The  applicant
contends he should be awarded the PH for wounds he received  when  his  B-26
aircraft was  hit  by  severe  enemy  fire  and  he  sustained  serious  leg
injuries.  In support  of  this  contention,  he  provides  a  copy  of  the
citation to accompany the DFC that he  was  awarded  for  his  extraordinary
achievement during the mission.  The DFC citation indicates  that  when  his
navigator  was  wounded  by  enemy  fire,  he  immediately  took  over   the
navigator’s duties, and despite sustaining serious leg injuries  during  the
attack, remained at his post and directed the highly successful attack  upon
the target.  In view of this, we believe that sufficient evidence  has  been
presented to show that he was injured as a direct  result  of  enemy  action
and that his wounds  required/received  medical  treatment.   Therefore,  we
recommend the applicant’s records  be  corrected  to  the  extent  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 received in action against an enemy of the United States  during  a
mission over Limburg, Germany on 25 March 1945.

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2002-04079
in Executive Session on 22 May 2003, under the provisions of AFI 36-2603:

                       Mr. Richard A. Peterson, Panel Chair
                       Mr. Laurence M. Groner, Member
                       Ms. Jean A. Reynolds, Member

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

    Exhibit A.  DD Form 149, dated 19 Dec 02, w/atchs.
    Exhibit B.  Letter, AFPC/DPPPR, dated 7 Apr 03, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 11 Apr 03.




                                   RICHARD A. PETERSON
                                   Panel Chair
AFBCMR BC-2002-04079




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 received in action against an enemy of the United States
during a mission over Limburg, Germany on 25 March 1945.








JOE G. LINEBERGER

Director

Air Force Review Boards Agency

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