RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02850
            INDEX CODE:  107.00

            COUNSEL:  Blinded Veterans

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple  Heart  Medal  (PHM)  for  injuries  received
during World War II (WWII).

_________________________________________________________________

APPLICANT CONTENDS THAT:

On 2 March 1945, his plane was shot down while on a mission  to  Linz,
Austria.  All ten members of the crew bailed out.  He hurt his knee on
landing and was treated by a Russian medic.  His pilot recommended the
entire crew for award of the PHM.  He did  not  feel  his  injury  was
serious enough at the time for a PHM although two other members of the
crew were awarded the PHM.  He went through a period, in  1947,  where
his  knee  would  lock  up  on  him  but  it  lasted  only   a   year.
Nevertheless,  he  applied  for   compensation   from   the   Veterans
Administration (VA) to make sure the injury would get on  his  record.
Although his knee has bothered him on and off through the years,  only
recently has it become more of a problem as he has  been  experiencing
muscle spasms in his knee area.  He notes there are  only  three  crew
members yet  alive,  including  himself.   The  navigator  during  the
mission wrote an email attesting to the knee  injuries  received.   He
does not understand why the Air Force finds his situation so difficult
to understand as the VA in Rhode Island has granted  him  compensation
for the injury.  He regrets not accepting the  award  of  the  PHM  in
1945.  He now feels as though he earned the medal.

In support of his  appeal,  the  applicant  has  provided  a  personal
statement, an email from the navigator on the  mission,  copies  of  a
local newspaper article dated 24 March 1945, with the headline “Harold
Quagan Missing Over Austria,” the results of his compensation claim to
the RI Department of Veterans Affairs (DVA), his  honorable  discharge
documentation, copies of a psychological workup, a letter of  support,
select copies of his medical record,  and  a  copy  of  his  discharge
physical paperwork.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant entered the Army Air Corps on 2 August 1943.   On  7 October
1944, he injured his left knee  while  performing  calisthenics.   The
injury was determined to be line of duty (LOD) since he was on  active
duty at Lincoln Army Air Force (AAF) NE.  He receives VA  compensation
for a service-connected disability.  He served  an  overseas  tour  in
Europe from 25 November 1944 to 4 June 1945.  He was  shot  down  over
Hungary  on  2  March  1945  and  was  missing  in  action  (MIA)  for
approximately two weeks.  Upon  his  return  to  military  control  in
Italy, he was hospitalized from 23 to 30 March  1945  for  bronchitis.
He was honorably discharged on 10 November 1945 for Convenience of the
Government, Demobilization, after having served for 2 years, 3  months
and 29 days.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial.  They state that  on  27  October  2003,
they informed the  applicant  that  his  personnel  records  had  been
destroyed in the 1973 fire at the National  Personnel  Records  Center
(NRPC) and that his medical records did  not  contain  any  indication
that he was injured during WWII.  Consequently, he was provided with a
copy of the Purple Heart  Criteria  sheet  and  asked  to  submit  the
necessary documentation or withdraw his application.

DPPPR states the applicant seems to believe  that  since  the  VA  has
granted him service-connected disability for his injured knee that  he
is eligible for, and entitled to, the PHM.  However, he  has  provided
no documentation showing his knee was injured in the parachute jump on
2 March 1945 or that he received any medical  treatment  for  such  an
injury.  He has not provided sufficient information  or  documentation
to substantiate his claim; therefore, DPPPR is unable  to  verify  his
eligibility for award of the PHM.

DPPPR’s complete evaluation, with attachment, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant appeals the decision (AFPC/DPPPR Advisory) regarding the PHM
with the following evidence:

     1. Notarized statement from Dave Bowman stating he remembers when
applicant had to bail out of the  airplane  after  being  shot  at  on
3/25/45 & that his knee (right knee) was busted as a result of this.
     2. Article for Gazette March ’45 verifying he  was  MIA  at  this
time.
     3. Letter from Department of the Army, verifying his MIA status.
     4. Letter that he is part of Caterpillar Club.
     5. A story about his bombing experience where he went  down  that
was published in Pantanella News.

The applicant’s rebuttal, with attachments, 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 an error or injustice.  The  majority  of  the  Board  is
persuaded by the applicant's assertions concerning his alledged injury
and corroborating information from his former navigator, as  well  as,
from the Veteran’s Administration that it  is possible he did  sustain
a knee injury as a direct result of enemy fire while he was serving as
a gunner on a B-24 aircraft on 2 March 1945 during that  mission  raid
over  Linz,  Austria  during  World  War  II.   The  absence  of   any
information pertaining to the  asserted  injuries  from  the  existing
records is not surprising in  view  of  the  fact  he  was  considered
missing in action for five weeks after  bailing  out  of  his  damaged
aircraft and making his way back to his unit in Italy.  In view of the
foregoing and in  recognition  of  his  service  to  the  nation,  the
majority of the Board is of the  opinion  that  any  doubt  should  be
resolved in the applicant's favor.  Therefore,  the  majority  of  the
Board recommends the records be corrected as 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 he received in action against  an  enemy  of
the United States in a B-24  aircraft  during  a  mission  over  Linz,
Austria, on 2 March 1945.

______________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 2 March 2004, under the  provisions  of  AFI  36-
2603:

      Mr. Roscoe Hinton, Jr., Panel Chair
      Ms. Martha Maust, Member
      Ms. Carolyn B. Willis, Member

By a majority vote, the Board voted to grant the request.  Mr.  Hinton
voted to deny the request and did not  desire  to  submit  a  minority
report.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 8 Jul 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 9 Jan 04.
    Exhibit D.  Letter, SAF/MRBR, dated 16 Jan 04.
    Exhibit E.  Letter, Applicant, dated 30 Jan 04, w/atchs.




                                   ROSCOE HINTON, JR.
                                   Panel Chair




BC-2003-02850




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 he received in action against  an  enemy
of the United States in a B-24 aircraft during a  mission  over  Linz,
Austria, on 2 March 1945.








     JOE G. LINEBERGER

     Director

     Air Force Review Boards Agency