RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2002-03224
            INDEX CODE:  107.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) Medal  and  all  other  medals  he
earned but never received.  His rank be corrected to  reflect  he  was
promoted to staff sergeant.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He should have been awarded the PH based on injuries he received  from
the German military after he was captured when his  airplane  crashed.
He states that after his capture, the Germans struck  him  many  times
with their pistols and rifles, and that no  record  of  injuries  were
kept by the Germans on prisoners of war (POW).

In support of his request, the applicant submits  a  letter  from  the
Department of Veterans Affairs (DVA), a copy of an Army of the  United
States Honorable  Discharge  Certificate,  and  a  copy  of  his  Army
Separation Qualification Record.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s available records reflect he enlisted in the Army  Air
Corps on 27 December 1943,  and  was  released  from  active  duty  on
27 October 1945.  His  report  of  separation  reflects  an  honorable
discharge and an overseas tour in the European  Theater  of  Operation
during the period 27 October 1944 through 10 July 1945.  His report of
separation reflects award of the Good Conduct Medal and the  European-
African Middle Eastern Campaign Medal with one  Bronze  Service  Star.
He is also entitled to the POW Medal,  American  Campaign  Medal,  and
World War  II  Victory  Medal.   His  report  of  separation  will  be
corrected to reflect these awards  after  the  AFBCMR  makes  a  final
determination on applicant’s requests.

Applicant withdrew his application on 26 September 2003.   On  29 June
2004, he requested the continued processing of his case.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial of the applicant’s request for  award  of
the PH medal.  His report of separation does not  reflect  him  having
received any wounds in action.   There  are  no  active  duty  medical
records available and, according  to  DVA,  his  active  duty  medical
records were not available in 1991.  In statements  to  the  DVA,  the
applicant stated  that  he  was  beaten  with  sticks  and  stones  by
civilians after his capture.

Applicant has not  provided  any  specific  information  regarding  an
injury received during WWII as a direct result of  enemy  action,  nor
has  he  provided  any  documentation  showing  he  received   medical
treatment for any injury.  Without any information or documentation  a
verification of his eligibility for  the  PH  medal  cannot  be  made.
Since there was nothing to substantiate  the  applicant’s  claim,  the
case was not submitted to the Purple  Heart  Review  Board.   However,
there is no indication in the applicant’s  records  that  he  received
recognition for his aerial achievements after being shot down and held
as a prisoner of war.  He should have been awarded the Air Medal.

AFPC/DPPPR recommends approval of applicant’s request for award of the
Air Medal for the period 3 November 1944 through 5 December 1944,  for
meritorious achievement in aerial flight  against  the  enemy  in  the
European Theater of Operations.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He was rushed through the process of out-processing and  neglected  to
ensure his discharge papers reflected  his  achievements.   He  states
that the DVA records are incomplete because the records  do  not  show
that he sought medical attention for digestive problems one year after
being discharged.  He is unable to provide statements from other POW’s
at this late stage.  He provides a written account of  his  experience
in a letter to the DVA.

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

_________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:


Based on the additional documentation provided  by  the  applicant  an
addition Air Force Evaluation  was  provided.   AFPC/DPPPR  recommends
denial of the applicant’s request for award of the PH  medal.   As  to
the applicant being rushed through his separation process, he did  not
give any information as to why he  did  not  provide  any  information
regarding injuries or wounds when he was released from POW  status  or
make any claims regarding having injuries during  any  VA  examination
until 1988 when he stated he injured his left  lower  back  and  right
knee when his aircraft crashed.  Examination at  the  time  showed  no
back or knee problems.  He discussed his capture,  interrogation,  and
illness while in captivity, but did not mention  any  beating  by  the
Germans.  In other clinical records, under injuries, it states,  “None
reported.”  His 15 May 1962, medical examination  for  appointment  in
the Reserves shows no scars evident and no claim of injuries or wounds
suffered while a POW.  It should be noted that the applicant  made  no
claim of being wounded or injured during WWII until VA  changed  their
policy  on  care  services  provided  to  PH  Medal  recipients.   The
applicant has not provided any documentation or corroborating evidence
that he suffered any injuries or wounds while a POW in Germany.


The DPPPR evaluation, with attachments, is at Exhibit F.

AFPC/DPPPWB recommends  denial.   Military  Personnel  Division,  ASF,
Department of the Army Message 212259Z Sep 45, states  that  recovered
personnel must have been absent from military control under  honorable
conditions for eighteen months or longer, and have not received a  one
grade promotion since return to  military  control,  in  order  to  be
eligible for a POW promotion.  Since  the  applicant  was  a  POW  for
approximately 5 months, he does  not  meet  the  prerequisites  for  a
promotion.

The DPPPWB evaluation is at Exhibit G.

_________________________________________________________________

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

The applicant states that  during  his  discharge  processing  he  was
advised to give the fastest answers possible in order to rush  through
the required paperwork for discharge.  He has now learned that  a  lot
of discharge centers had separating members list their experiences  in
detail, were given physical exams and awarded all eligible medals.  He
was seen by the DVA one year after discharge and all wounds and  scars
were documented at that time.  Those records have since been lost.  He
was granted 100% disability by the DVA in 1995 as a result of  illness
and injuries during his time as  a  POW.   Obtaining  statements  from
other POW’s who were with him is virtually impossible  at  this  time.
He has heard from  only  one  person,  but  that  person  subsequently
suffered a stroke and has not provided a statement.  He was told by  a
POW service officer to relate his experience in a letter to  the  DVA,
which he has done and a copy was also sent to the AFBCMR.  When he was
a POW the Germans did not maintain medical records.  The fact  is,  he
was blown out of the air by two volleys of  88mm  cannon  fire,  which
riddled the aircraft and wounded most crewmembers.   He  learned  from
other crewmembers of his aircraft,  that  all  crewmembers  that  were
present at Camp Lucky Strike in France in May 1945  were  awarded  the
PH.

His complete submission, with attachments, is at Exhibit I.

_________________________________________________________________

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  an  injustice.   After  a  thorough  review  of  the
applicant’s submission, we are persuaded by the applicant's  assertion
of his alleged injury during  his  aircraft's  mission  over  Hanover,
Germany, that it is possible he did sustain wounds as a direct  result
of enemy fire while he was serving on that mission  during  World  War
II.  The Board also believes the absence of any information pertaining
to the asserted wounds from the existing  records  is  not  surprising
considering the member was captured and held  as  a  prisoner  of  war
(POW), which may have deprived him of  appropriate  medical  care  and
prevented the proper documentation of his medical records.  In view of
the foregoing and in recognition of his service to the Nation,  it  is
our opinion that any doubt concerning the applicant’s  entitlement  to
the PH should be resolved in his favor.  In regard to the  applicant’s
request for a one-grade promotion, recovered personnel must have  been
absent from military control for eighteen months or longer in order to
be eligible for a POW promotion.  Since the applicant was  a  POW  for
approximately five  months,  he  is  not  eligible  for  a  promotion.
Accordingly, we recommend that his 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 the APPLICANT be corrected to show that:

            a.  He was  awarded  the  Purple  Heart  for  injuries  he
received in action against an enemy of  the  United  States  during  a
mission over Hanover, Germany, on 5 December 1944.


      b.  He was awarded the  Prisoner  of  War  Medal,  the  American
Campaign Medal and the World War II Victory Medal.

      c.  He was awarded the Air Medal for the period 3 November  1944
through 5 December 1944, for meritorious achievement in aerial  flight
against the enemy in the European Theater of Operations.

_________________________________________________________________

The following members of the Board considered Docket  Number  BC-2002-
03224 in Executive Session on 10 August 2004, under the provisions  of
AFI 36-2603:

                 Mr. John L. Robuck, Panel Chair
                 Ms. Kathleen F. Graham, Member
                 Ms. Carolyn B. Willis, Member

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

      Exhibit A. DD Form 149, dated 7 Sep 02, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPPR, dated 15 Apr 03, w/atchs.
      Exhibit D. Letter, SAF/MRBR, dated 13 Dec 02.
      Exhibit E. Letter, Applicant, dated 27 May 03, w/atchs.
      Exhibit F. Letter, AFPC/DPPPR, dated 8 Aug 03, w/atchs.
      Exhibit G. Letter, AFPC/DPPPWB, dated 8 Aug 03.
      Exhibit H. Letter, SAF/MRBR, dated 29 Aug 03.
      Exhibit I. Letter, Applicant, undated, w/atchs.






      JOHN L. ROBUCK
      Panel Chair


AFBCMR 2002-03224



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:

           a.  He was awarded the Purple Heart for injuries he received  in
action against an enemy of the United States during a mission over  Hanover,
Germany, on 5 December 1944.


           b.  He was awarded the  Prisoner  of  War  Medal,  the  American
Campaign Medal and the World War II Victory Medal.


           c.  He was awarded the Air Medal for the period 3 November  1944
through 5 December  1944,  for  meritorious  achievement  in  aerial  flight
against the enemy in the European Theater of Operations.









  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency