RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03772
                       INDEX CODE:  107.00
                       COUNSEL:  None

                       HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His WD AGO Form  53-98,  Military  Record  and  Report  of  Separation
Certificate of Service be corrected to reflect  award  of  the  Purple
Heart (PH), Distinguished Flying Cross (DFC), and the Air  Medal  (AM)
with five Oak Leaf Clusters (OLCs).

_________________________________________________________________

APPLICANT CONTENDS THAT:

His Report of Separation does not reflect the awards he  is  entitled.
He was a pilot in World War II (WWII) and was involved in heavy combat
and was shot down three times and received injuries.   He  would  like
his records corrected to add all the campaign medals, service  medals,
decorations and PH.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s records were apparently destroyed by fire in  1973  at
the  National  Personnel  Records  Center;  therefore,  the  following
information has been complied from the  available  records  and  those
provided by the applicant.

During the time period in question, the applicant entered active  duty
on 8 February 1944 and served as  a  B-17  pilot.   He  was  honorably
discharged in the grade of first  lieutenant  on  7  June  1945.   His
records reflect he had an overseas tour in England from 22  July  1944
to 6 April 1945. In addition, the WD AGO indicates the  applicant  did
not receive any wounds in action.  His WD AGO Form 53-98  reflects  he
was awarded the AM with one OLC and an Army Overseas Service  Bar  and
the European-African Middle Eastern Ribbon with two  stars  -  Germany
and North France.

On 8 January 2004, HQ AFPC/DPPPRA advised the  applicant  his  request
did not meet the criteria for award of the PH and requested he provide
documentation to support his injuries were incurred as a direct result
of enemy action and also the injuries  required  or  received  medical
treatment by medical personnel.   On  15  April  2004,  the  applicant
withdrew his request for award of the  PH.   On  26  April  2004,  the
applicant provided copies of his available military records.

On 24 June 2004, HQ AFPC/DPPPRA informed the applicant he was entitled
to the DFC, American Campaign Medal  and  WWII  Victory  Medal.   They
further requested he provide copies of the orders awarding  the  other
AMs in order to verify his entitlement to the additional medals.

A DD Form 215 was issued on 12 July 2004, to reflect the award of  the
DFC, American Campaign Medal, and World War II Victory Medal.

Therefore, the only remaining issue for the Board to consider  is  the
applicant’s request for the four AMs.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPRA states the applicant was requested to provide copies of
the orders awarding the  AMs.   The  applicant  did  not  provide  the
requested documentation.  Therefore, they recommend  his  request  for
award of four additional AMs be denied.

A complete copy of the Air Force evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
13 August 2004, for review and response.  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 of timely file.

3.    Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice regarding  the  Air  Medal  issue.
The Board notes the Air Force has verified the applicant’s entitlement
to the Distinguished Flying Cross, the  American  Campaign  Medal  and
World War II Victory  Medal  and  these  will  be  presented  to  him.
However, with regard to the issue of the additional oak leaf  clusters
to the Air Medal, the Board agrees with the opinion and recommendation
of the Air Force and adopts their rationale as  the  basis  for  their
conclusion the applicant has not  been  the  victim  of  an  error  or
injustice.  The Board  notes  the  applicant’s  Report  of  Separation
reflects he was awarded the Air Medal with one Oak Leaf  Cluster.   He
was requested to provide copies of the orders awarding the  additional
medals  and  he  did  not   respond.    Therefore   without   official
documentation to support his request for the  additional  medals,  his
entitlement to  the  awards  cannot  be  verified.   In  view  of  the
foregoing and in the absence of evidence to the contrary, we  find  no
compelling basis to recommend granting the relief sought.

4.    With regard to the applicant’s request for award of  the  Purple
Heart, the Board majority took notice of the  applicant's  request  to
withdraw this portion of his appeal.   However,  the  minority  member
wished to discuss this issue.  It was noted during a  bombing  mission
over Germany the plane the applicant was  copiloting  received  direct
hits from enemy fire damaging  the  plane’s  three  engines  and  fuel
tanks, thus causing the plane to crash-land in  the  North  Sea.   The
applicant contends his face, mouth and right hand were  injured  as  a
result of the enemy fire and crash-landing.  However, his WD AGO  Form
53-98,  Military  Record  and  Report  of  Separation  Certificate  of
Service, Item 30 reflected he did not receive any  wounds  in  action.
While the Board majority is not unmindful  or  unappreciative  of  the
applicant’s service to his Nation, in  the  absence  of  the  evidence
substantiating the applicant was injured as a direct result  of  enemy
action, the majority finds no compelling basis to  recommend  granting
award of the Purple Heart.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of material error  or  injustice;  that  the
application was denied without a personal  appearance;  and  that  the
application will only be reconsidered upon  the  submission  of  newly
discovered relevant evidence not considered with this application.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2003-03772 in  Executive  Session  on  9  September  2004,  under  the
provisions of AFI 36-2603:

                       Mr. Edward H. Parker, Panel Chair
                       Mr. Albert C. Ellett, Member
                       Ms. B. J. White-Olson, Member

By majority vote, the Board recommended denying award  of  the  Purple
Heart.  Mr. Ellett voted to grant correcting the records to award  the
Purple Heart and has  submitted  a  Minority  Report.   The  following
documentary evidence was considered:

      Exhibit A. DD Form 149, dated 18 Aug 03, w/atchs.
      Exhibit B. Applicant's Available Master Personnel Records.
      Exhibit C. Letter, HQ AFPC/DPPPR, dated 2 Aug 04.
      Exhibit D. Letter, SAF/MRBR, dated 13 Aug 04.
      Exhibit E. Minority Report.




                             EDWARD H. PARKER
                             Panel Chair

                         DEPARTMENT OF THE AIR FORCE

                                WASHINGTON DC

OFFICE OF THE ASSISTANT SECRETARY

                                                        4 Oct 04

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

FROM: AFBCMR

SUBJECT: AFBCMR Case -

      XXX, the applicant, initially requested award of the Purple Heart
on 18 Aug 03. On 8 Jan 04, HQ AFPC told the applicant that his records
were destroyed in the National Personnel Records Center fire of 1973 and
that, based on Purple Heart Review Board (PHRB) criteria, the
justification provided was not sufficient to support award of the Purple
Heart. The applicant subsequently withdrew his Purple Heart request on
14 Apr 04. As such, the Board was not required to review the applicant's
Purple Heart request. However, after reviewing XXXl's application, I
recommended XXX be awarded the Purple Heart. The Board majority
detennined he was not eligible for award of the decoration and denied
the request. I respectfull y disagree.

      In my opinion, awarding the Purple Heart turns on five points.
First, does the AFBCMR require government records supporting the
applicant's contention? Second, is the AFBCMR bound by Purple Heart
review board decisions? Third, should the AFBCMR consider specific PHRB
criteria, in and of themselves, a requirement? Fourth, is an eyewitness
statement sufficient infonnation to support the award of the Purple
Heart? Fifth, was the injury and subsequent medical treatment a result
of direct enemy fire?

           First, does the AFBCMR require government records supporting
      the applicant's contention'? No, In accordance with AFI 36-2603.
      AFBCMR, section 2.3, "The Board normally decides cases on the
      evidence of the record.. . However, the Board may, in its
      discretion, hold a hearing or call for additional evidence or
      opinions in any case." Therefore the Board's reliance on
      government records is discretionary, not mandatory.

           Second, is the AFBCMR bound by Purple Heart review board
      decisions? No. The AFBCMR is the highest level of administrative
      review within the Department of the Air Force. Therefore,
      organizationally, the AFBCMR is not subject to PHRB decisions.

           Third, is the applicable PHRB criteria, in and of itself, a
      requirement the AFBCMR should require? No. The applicable PHRB
      criteria requires that the applicant provide documentation showing
      that either medical treatment was received or medical officer
      attestation that the claimed injury would or should have required
      medical attention. This criterion essentially tries to establish
      one of two things - either medical treatment was received as a
      statement of fact or, in the absence of this statement of fact,
      that medical treatment should have been required. Did the
      applicant receive medical treatment? Yes, as attested to by the
      crew commander. In the absence of medical documentation, would the
      injury have required medical treatment? Irrelevant. The crew
      commander established the fact that medical treatment was
      received.

           Fourth, is an eyewitness statement sufficient information to
      support the award of the Purple Heart? Yes. Among other things,
      the 1996 Authorization Act lifted time limitations on award
      reconsiderations if the applicant could provide a written
      recommendation from someone in the applicant's chain-ofcommand who
      had first-hand knowledge of the incident. The applicant's crew
      commander was in the applicant's chain-of-command and had first-
      hand knowledge of the incident. The crew commander attests that
      enemy flak damaged the aircraft's gas tanks and that the applicant
      was injured in the resultant ditching in the North Sea. The crew
      commander also stated the applicant received medical care.

           And fifth, was the injury and subsequent medical treatment a
      result of direct enemy fire? Yes. The applicant is a former Army
      Air Corps B-17 co-pilot who was on a bombing mission over Rechlin,
      Gennany on August 25, 1944. After dropping their bombs, the crew
      took four direct anti-aircraft hits which damaged three engines
      and the fuel tanks. The crew commander (the pilot) had two
      reasonable options - order a bail-out or ditch. The pilot chose to
      ditch. He ordered the crew to prepare for a crash landing and the
      plane ditched in the North Sea off the coast of Holland. During
      the crash landing, the applicant injured his face and mouth and
      broke a bone in his hand. The applicant was treated in a British
      hospital for damage to his mouth and hand. It is clear to me the
      causal reason for ditching was the enemy aircraft fire and, as
      such, the applicant's injuries were a direct result of this enemy
      action. It's interesting to note that, had the pilot chosen
      bail~out and the applicant had been injured in the bail-out, then
      the PHRB would consider this injury the direct result of enemy
      action.

      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 awarding XXX the Purple Heart. I can be reached at
XXX should you have questions.



                                  ALBERT C. ELLETT
                                  Panel Member

DEPARTMENT OF THE AIR FORCE WASHINGTON, D.C.

Office of the Assistant Secretary

AFBCMR BC-2003-03772

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

SUBJECT: AFBCMR Application of XXX

      I have carefully reviewed the evidence of record and the
recommendation of the Board members. A majority found that applicant had
not provided sufficient evidence of error or injustice to warrant awarding
the Purple Heart (PH) and recommended this portion ofthe application be
denied. I concur with their finding and their conclusion that relief is not
warranted. Accordingly, I accept their recommendation that applicant's
request for the PH be denied.

      Please advise the applicant accordingly.




                             JOE G. LINEBERGER
                             Director
                             Air Force Review Boards Agency