RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03561
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart Medal.

_________________________________________________________________

APPLICANT CONTENDS THAT:

On 22 December 1943, on a bombing mission over Osnabrok, Germany,  his  crew
had two engines disabled by enemy flak.  After casing the engines they  were
able to maintain a flyable altitude to the coast where  they  were  attacked
by an enemy fighter plane.  The ME-109 aircraft disabled the  third  engine,
which forced them to ditch in the North Sea.  The aircraft sank quickly  and
they were unable to retrieve life rafts.  Five  of  his  crew  members  died
after a few minutes from the extreme cold water.  Their  bodies  were  never
found but their names were entered at the great cemetery at  Cambridge.   An
English patrol boat that was being pursued by a much better equipped  German
E-boat found him.  He was taken to the nearest  English  emergency  hospital
at Great Yarmouth where he remained until his leg healed and he returned  to
duty.

In early August 1951 while he was a member of the 452nd  Bomb  Group  at  K9
Korea, he was returning from a Shoan bombing mission at  low  altitude  when
the aircraft was struck by small arms fire.  This caused them to crash  into
a reinforced concrete bridge  where  he  incurred  third  degree  burns  and
severe head wounds from the ground fire.  He was taken to the hospital  ship
U.S.S. Haven at Pusan where he remained until  he  could  be  moved  to  the
combat general hospital at Osaka, Japan.  After a total of seven months,  he
was transferred to the Air Force hospital at Nagoya where he remained  until
he was discharged.

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

_________________________________________________________________



STATEMENT OF FACTS:

The applicant was commissioned and entered in the Army Air Corps on 19  June
1943 and served in the European Theater from 1  November  1943  to  25  July
1944.  He was relieved from active duty on 9 November 1946, in the grade  of
first lieutenant.  He served as a bombardier.

The applicant’s DD Form 214 indicates he received the following  decorations
and citations:  World  War  II  Victory  Medal,  Distinguished  Unit  Badge,
Distinguished  Flying  Cross,  Air  Medal  with  three  Oak  Leaf  Clusters,
American Campaign Medal, and the European African  Middle  Eastern  Campaign
Medal.  It also indicates he received no wounds in action.

The applicant was recalled from inactive duty and  entered  active  duty  on
5 February 1951 in the grade of first  lieutenant.   He  was  released  from
active duty on 16 October 1953, in  the  temporary  grade  of  captain.   He
served as an aircraft observer, navigator, and bombardier.

The applicant’s DD Form 214 indicates he received the following  decorations
and citations:  United Nations Service Medal, Cluster to Air Medal, and  the
Korean Service Medal.  It also indicates he received burns and a  concussion
as a result of action with enemy forces in Korea on 5 April 1951.

On 26 February 2003, HQ AFPC/DPPPRA advised the applicant the Shoan  bombing
mission in  Korea  in  1951  was  declared  an  accident.   The  injury  was
considered in the line of duty, but not a direct  result  of  enemy  action.
The 22 December 1943 bombing mission over Osnabrok, Germany,  might  qualify
for a Purple Heart, however, in order for them to further process  his  case
to the Purple Heart  Review  Board,  they  required  any  military  official
medical documentation and eyewitness  statements  to  support  his  request.
They indicated the Purple Heart (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 the wound have required or  received  treatment  by  medical
personnel.  Indirect injuries do not meet the criteria for award of the  PH.
 These include, but are not limited  to,  injuries  received  while  seeking
shelter from mortar or rocket  attacks,  aircraft  bombings,  grenades,  and
injuries incurred while serving as an  aircrew  member  or  in  a  passenger
status as a result of the aircraft’s evasive measures against hostile fire.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR  recommended  denial.   They  indicated  the  applicant  has  not
provided any specific information or documentation showing  he  was  wounded
or injured as a result of enemy action during World War  II  or  the  Korean
Conflict.  His medical documentation does not support  his  claims,  and  he
did not provide  any  documentation  such  as  official  combat  reports  to
support his aircrafts were shot down, or he was injured as a result.   Since
there is no evidence the applicant was in fact shot down by enemy action  in
Germany in 1943, or injured, and the injuries he may  have  suffered  in  an
aircraft accident in Korea do not qualify for  award  of  the  Purple  Heart
Medal.

The evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 12 March 2004, a copy of the Air Force evaluation was  forwarded  to  the
applicant for review and response within 30  days.   As  of  this  date,  no
response has been received by this office.

_________________________________________________________________

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 an injustice warranting award of the  Purple  Heart
Medal for his action in Korea.  The applicant contends  he  was  injured  in
the European Theater of Operations  on  a  bombing  mission  over  Osnabrok,
Germany in 1943 when his  aircraft  was  attacked  by  enemy  action,  three
engines were disabled, they were forced to ditch in the North Sea, and  five
of his crew members were killed.  He also contends he  was  injured  in  the
Korean Theater of Operations, when  returning  from  a  bombing  mission  in
Korea, his aircraft was struck by small arms fire and the  aircraft  crashed
into a reinforced concrete bridge where he incurred third degree  burns  and
severe head wounds from ground fire.  The Board notes there is  no  evidence
to support the applicant’s claim of injury by  enemy  action  in  1943.   We
therefore do not support granting this portion  of  the  request.   However,
the applicant’s DD Form 214, with a  separation  date  of  16 October  1953,
indicates in block 29 - “Wounds Received as a Result of  Action  with  Enemy
Forces,” the applicant received burns and  a  concussion,  in  Korea,  on  5
April 1951.  It is apparent the applicant  received  medical  treatment  for
his injuries as noted in his medical records.   Therefore,  even  though  he
has not provided evidence such as official combat reports  to  support  that
his aircraft was shot down on 5 April 1951, we  are  sufficiently  persuaded
it would be unjust to deny him the Purple Heart for his injuries.   In  view
of this and in recognition  of  his  extraordinary  accomplishments  in  the
defense of our nation during wartime, we believe the benefit  of  the  doubt
should be resolved in his favor.  Therefore, in view of  the  above  and  to
offset any possibility of an injustice to the applicant,  we  recommend  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 APPLICANT, be corrected to show that he was awarded the Purple Heart  for
injuries sustained during a bombing mission  over  Pyongyang,  Korea,  on  5
April 1951.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2003-
03561 in Executive Session on 15 June 2004, under the provisions of AFI  36-
2603:

                 Mr. John L. Robuck, Panel Chair
                 Mr. James E. Short, Member
                 Mr. Albert C. Ellett, Member

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

   Exhibit A.  DD Form 149, dated 19 August 2003, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPR, dated 10 March 2004.
   Exhibit D.  Letter, SAF/MRBR, dated 12 March 2004.




                 JOHN L. ROBUCK
                 Panel Chair









AFBCMR BC-2003-03561




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  , be corrected to show that he was awarded the Purple Heart
for injuries sustained during a bombing mission over Pyongyang, Korea, on 5
April 1951.




            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency