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AF | BCMR | CY2004 | BC-2003-03948
Original file (BC-2003-03948.doc) Auto-classification: Approved


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03948

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His record be corrected to reflect the award of the Purple Heart (PH).

_________________________________________________________________

APPLICANT CONTENDS THAT:

On 28 September 1944, while a crewmember, his aircraft  collided  with
another aircraft.  After parachuting from the aircraft and landing, he
discovered his face and neck covered with blood.  The blood came  from
a head wound.  He does not know when he received  the  injury,  either
when both aircraft collided or as a result of small arms fire directed
at him while descending to the ground.   He  also  sustained  fracture
ribs upon landing.  He has no official medical records  of  the  above
injuries because none were kept in the POW camp.

In support of his request applicant submits copies of Enlisted  Record
and Report of Separation, Operation Mission Report, Individual  Flight
Record, and a letter from the Veteran’s Service Office.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s military personnel records were destroyed by fire in 1973.
 The available records reflect that the  applicant  entered  the  U.S.
Army Air Corps on 12 June 1942 and served  until         22  September
1945.

On 10 March 2004, the Recognition  Programs  Branch,  HQ  AFPC/DPPPRA,
requested the applicant to provide additional information relative  to
his  alleged  injury.   No  response  was  received.    However,   the
applicant’s records have been reviewed and updated to reflect the  POW
Medal,  American   Campaign   Medal,   European-African-Middle-Eastern
Campaign Medal, with four Bronze Stars, and the World War  II  Victory
Medal.

There is no entry of injury found in his military records and Item  34
on his Report  of  Separation,  Wounds  Received  in  Action  reflects
“None.”

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR reviewed the applicant’s request  and  recommended  denial.
To  be  awarded  the  Purple  Heart  (PH),  a  member   must   provide
documentation to support that wounds were a  direct  result  of  enemy
action and that the wounds required or received medical  treatment  by
medical  personnel.   There  is  no  documentation  in  his   military
personnel record to indicate that his wounds were as a  direct  result
of enemy action.

AFPC/DPPPR complete evaluation is attached at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  23
April 2004 for review and comment 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 error or injustice warranting the award of the Purple
Heart.  It appears that while serving  as  a  crewmember  on  a  B-17H
Flying Fortress, the applicant was injured through direct exposure  to
the enemy’s heavy pattern of exploding anti-aircraft fire causing both
aircraft to collided after making  strong evasive maneuvers  to  avoid
such enemy action while on a bombing raid over Germany.   The  absence
of any information pertaining to the asserted wounds from the existing
records is not surprising in view of the fact he  was  taken  prisoner
after bailing out of his damaged aircraft.  The  Board  believes  that
this clearly satisfies the criteria for the  Purple  Heart  since  the
applicant’s injury was incurred as a direct result of enemy action. In
view of the foregoing and in recognition of his service to the  Nation
during a period of national emergency and to preclude any  possibility
of an injustice to the applicant, the  Board  recommends  that  he  be
awarded the Purple Heart.

_
________________________________________________________________

THE BOARD DETERMINES 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-17 aircraft during a mission over Germany  on
28 September 1944.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2003-03948 in Executive Session on 3 June 2004, under  the  provisions
of AFI 36-2603:

                 Mr. Gregory H. Petkoff, Panel Chair
                 Ms. Renee M. Collier, Member
                 Ms. Martha A. Maust, Member

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

      Exhibit A. DD Form 149, dated 21 Jul 04, w/atchs.
      Exhibit B. Letter, AFPC/DPPPR, dated 21 Apr 04.
      Exhibit C. Letter, SAF/MRBR, dated 23 Apr 04.






      GREGORY H. PETKOFF
      Panel Chair






AFBCMR BC-2003-03948





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-17 aircraft during a mission over  Germany
on 28 September 1944.








      JOE G. LINEBERGER
      Director
      Air Force Review Boards Agency


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