RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02676

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was wounded by flak during a bombing mission on 13 September 1944.

The applicant states although his wounds were treated by  medical  personnel
at an Air Evacuation Hospital in Belgium, by the time they had  returned  to
their home base in  England  his  wound  had  healed  nicely  and  no  entry
documenting his wound was made in his records.

In support of the appeal, applicant submits extracts from  the  13 September
1944 mission report indicating that he was one of four individuals who  were
wounded during the mission, and a battle casualty report listing his  entire
aircraft crew as Missing-in-Action (MIA).  As a PH  recipient,  he  will  be
enrolled with the Department of Veterans Affairs (DVA) as a  priority  group
three.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is a retired Reserve officer who served on active duty in  the
Army Air Corps from 6 July 1942 to 25 September 1945.  While serving as a B-
17 navigator  during  a  bombing  mission  over  Merseburg,  Germany  on  13
September 1944, his aircraft was seriously damaged by  enemy  flak,  forcing
their emergency landing in Belgium.




The PH is awarded for wounds received as a direct result  of  enemy  actions
(i.e., gunshot  or  shrapnel  wounds,  hand-to-hand  combat  wounds,  forced
aircraft bail out injuries, etc.).  In addition, it is  necessary  that  the
wound have required or received treatment by  medical  personnel.   Indirect
injuries do not meet the criteria for award of the PH.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR, recommends the requested relief be denied and  states,  in  part
that there is no official documentation to indicate that the  applicant  was
injured on 13 September 1944, as a direct result of enemy  action,  or  that
he received medical treatment.  Furthermore, Item  30,  Wounds  Received  in
Action, of his Report of Separation indicates “none,”  and  his  18  January
1945 Physical Examination for Flying does not  show  that  he  received  any
wounds, injuries, or scars as a result of wounds or injuries.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to  the  applicant
on 24 December 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  evidence
of record and noting the applicant’s contentions, a majority  of  the  Board
is not persuaded that he has been the victim of an error or injustice.   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 demonstrate that he was wounded as a direct result  of
enemy  action.   Should  he   provide   more   information   regarding   the
circumstances  surrounding   his   injury,   the   Board   would   entertain
reconsideration of his request; however, based on the evidence presented,  a
majority of the Board finds insufficient evidence 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.

_________________________________________________________________

RECOMMENDATION 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  Docket  Number  BC-2003-02676
in Executive Session on 21 January 2004, under the  provisions  of  AFI  36-
2603:

                       Ms. Brenda L. Romine, Panel Chair
                       Mr. James A. Wolffe, Member
                       Ms. Rita J. Maldonado, Member

By majority vote, the Board recommended  denial  of  the  application.   Mr.
Wolffe voted to correct the records but does not wish to submit  a  minority
report.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 31 Jul 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 19 Dec 03, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 24 Dec 03.



                                   BRENDA L. ROMINE
                                   Panel Chair














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

SUBJECT:  APPLICANT, Docket No:  BC-2003-02676

      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 applicant is a former Army Air Corps B-17 navigator who seeks
award of the Purple Heart (PH) for wounds received during a bombing mission
over the I.G. Farbenindustrie Plant at Merseburg, Germany, on 13 September
1944.  The applicant states that his wound was treated/bandaged at the 24th
Evacuation Hospital, and despite considerable bleeding, did not require
suturing.  He further states that since he only remained in the hospital
overnight, no paperwork was completed.  When he returned to his home base
in Kimbolton, England, no entry was made in his records since the wound was
considered relatively minor and was healing nicely.

      The majority of the panel finds insufficient evidence to demonstrate
that he was injured as a direct result of enemy action.  I note, however,
the applicant has provided a 13 September 1944 mission report indicating
that he was 1 of 4 airmen wounded by flak during the mission and a battle
casualty report listing his entire crew, and the entire crews of four other
aircraft, as Missing-in-Action (MIA).  This evidence substantiates that on
13 September 1944, his aircraft was flying the lead of the low squadron and
was severely damaged by flak immediately after dropping their entire
ordnance on the targeted power station and water supply of the synthetic
oil refinery at the I.G. Farbenindustrie Plant.  The aircraft progressively
lost 3 of its 4 engines due to the heavy flak damage.  Due to the condition
of the wounded on board and given the fact they were still deep in Germany,
the decision was made to not bail out.  The aircraft crash-landed, wheels
up, in a pasture near Ciney, Belguim.

      In consideration of the evidence presented in support of this  appeal,
I find he has established that his injuries were the direct result of  enemy
action and received  medical  treatment.   Based  on  the  totality  of  the
evidence presented, I believe the interest of justice can best be served  by
resolving this issue in favor of this  83-year-old  World  War  II  veteran.
Therefore, I direct that his request be approved.







                                                                        JOE
G. LINEBERGER

Director
                                                                        Air
Force Review Boards Agency
AFBCMR BC-2003-02676




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 Merseburg, Germany, on 13 September 1944.






                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency