RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2003-00673

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH).

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

He should be awarded the PH for wounds he received during a  combat  mission
on 20 February 1945.

The applicant states that while on  a  mission  on  20  February  1945,  his
aircraft was struck by what appeared to be air-to-air fire.  He  received  a
severe laceration to his face  and  scalp.   He  was  treated  at  the  base
facility, was hospitalized for two weeks, and returned to flight status.

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 (NPRC) in  St.  Louis,  Missouri.   Therefore,  the
following information has been obtained from the documentation  provided  by
the applicant.

The applicant is a former Army Air Corps member who served  on  active  duty
from 23 October 1943 through 2 October 1945.

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 and states,  in  part,  that
the applicant’s medical records reflect traumatic  laceration  of  nose  and
scalp in February 1945, from a fall, and lacerations on his scalp  and  nose
from a fall in [a] plane.  He has not stated or provided  evidence  that  he
was injured as a direct result of enemy action.  In  addition,  he  has  not
provided a detailed  account  of  how  the  lacerations  to  his  scalp  and
forehead were received, even after  being  asked  to  do  so.   His  medical
records show that he fell in an aircraft and do not make  any  reference  to
having been wounded by enemy 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 16 May 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.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of error or injustice.  After thoroughly reviewing  the  available
evidence of record and noting the applicant’s  contentions,  a  majority  of
the Board is not persuaded that his injuries on 20 February 1945,  meet  the
criteria for the Purple Heart (PH).  In this  respect,  a  majority  of  the
Board notes that the evidence of record indicates the  applicant’s  injuries
were caused from a fall in a plane.  Since the  PH  is  awarded  for  wounds
received as a direct result of enemy action and the applicant has failed  to
provide substantiate evidence that his injuries were  the  result  of  enemy
action, a majority of the Board (i.e., gunshot or shrapnel wounds,  hand-to-
hand combat wounds,  or  forced  aircraft  bail  out  injuries  due  to  the
aircraft being shot down).  The personal  sacrifice  the  applicant  endured
for his country is noted and our decision in  no  way  diminishes  the  high
regard we have for his service; however,  a  majority  of  the  Board  finds
insufficient documentary evidence has been  presented  to  warrant  awarding
him the Purple  Heart.   Therefore,  in  the  absence  of  evidence  to  the
contrary, a majority of the Board finds no  compelling  basis  to  recommend
granting the relief sought in this application.

4.  The applicant also requested  that  he  be  awarded  the  World  War  II
Victory Medal and the American Campaign Medal;  however,  his  records  have
been administratively  corrected  to  reflect  these  awards  and  the  Good
Conduct Medal.

_________________________________________________________________

RECOMMENDATON OF THE BOARD:

A majority of the Board finds insufficient evidence of  error  or  injustice
and recommends the application be denied.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2003-
00673 in Executive Session on 10 July 2003, under the provisions of AFI  36-
2603:

                       Mr. Wayne R. Gracie, Panel Chair
                       Ms. Jean A. Reynolds, Member
                       Ms. Cheryl Jacobson, Member

By majority vote, the Board recommended  denial  of  the  application.   Ms.
Reynolds voted to correct the records and has submitted  a  minority  report
which is attached at Exhibit D.   The  following  documentary  evidence  was
considered:

    Exhibit A.  DD Form 149, dated 1 Nov 02, w/atchs.
    Exhibit B.  Letter, AFPC/DPPPR, dated 8 May 03, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 16 May 03.
    Exhibit D.  Minority Report.




                                   WAYNE R. GRACIE
                                   Panel Chair






 MEMORANDUM FOR   THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR CORRECTION OF
                   MILITARY RECORDS

FROM: SAF/MRB

SUBJECT:  APPLICANT, DOCKET NO: BC-2003-00673

      I have carefully considered all the circumstances of this case and do
not agree with the majority members of the panel that the applicant’s
request should be denied.

      The majority of the  panel  found  insufficient  evidence  to  warrant
awarding the applicant the Purple Heart (PH) because there  is  insufficient
documentation to determine whether his injuries were the  direct  result  of
enemy action.

      The applicant states that while serving as an aerial gunner  during  a
combat mission over Germany on 20 February 1945, he  was  injured  when  his
aircraft was “struck by what appeared to be air to air fire.”  The  evidence
of record corroborates he was  placed  on  quarters  from  20 February  1945
until 30 March 1945 due to traumatic lacerations of the nose and scalp  from
a fall.  Thus, it is conceivable that when his aircraft was struct by  enemy
fire, he fell from his aerial gunner position sustaining lacerations to  his
face and sclap that required his  hospitalization  for  a  period  of  seven
days.  In view of this, I find the applicant has  established  a  reasonable
doubt that his injuries were the direct result of enemy  action.   Based  on
the totality of the evidence presented, I believe the  interest  of  justice
can best be served by resolving the benefit of the doubt  in  favor  of  the
applicant.  Therefore, I direct that his request be approved.


                                       JOE G. LINEBERGER
                                       Director
                                       Air Force Review Boards Agency



AFBCMR BC-2003-00673




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 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  Germany,  on  20
February 1945.









JOE G. LINEBERGER

Director

Air Force Review Boards Agency



MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR
                     CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT: APPLICANT, DOCKET NO: BC-2003-00673

      The majority of the Board recommends denial of the applicant’s
request to be awarded the Purple Heart (PH) because there is documentation
indicating that his injuries were caused from a fall in a plane and not the
direct result of enemy action.  I disagree.

      The evidence of record indicates that the applicant was injured
during the 20 February 1945 mission, that his injuries were incurred in the
line of duty, and that his injuries required and received medical
treatment.  As such, the crux of this case is whether his injuries were the
direct result of enemy action.  The majority of the Board believes the
presence of documentation referencing that he was injured when he fell in a
plain, invalidates his request.  However, I believe this entry simply
further substantiates that he was injured as a direct result of enemy
action.  The applicant states that during the referenced mission he
received severe lacerations to his face and scalp, when his aircraft was
struck by air-to-air fire.  I find it reasonable to conclude that when the
aircraft was hit by air-to-air fire, he fell from his aerial gunner
position, in a plane, sustaining lacerations to his face and scalp.  As
documented in his medical records, he was hospitalized for a period of
seven days due to traumatic lacerations to his nose and scalp.  I find it
difficult to accept that these injuries were the result of simply falling
in a plane.  More importantly, in the absence of a reasonable basis to
question the integrity of this 78-year-old World War II veteran, I believe
it would be an injustice to deny him the requested relief.

      In view of the above, I find that the applicant has satisfied his
burden to show there has been an error or injustice.  Therefore, based on a
totality of the evidence presented, I believe the interest of justice can
best be served by resolving this issue in the applicant’s behalf.



                                        JEAN A. REYNOLDS
                                        Panel Member