RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00817
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the third oak leaf cluster (3OLC) to the Air  Medal  and
the first oak leaf cluster (1OLC) to the Purple Heart.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He received the Purple Heart medal  but  he  believes  he  deserves  a
cluster due to his injuries received on his bail out of  a  B-17  over
Frankfurt, Germany on 19 September 1944.   He  was  beaten  by  German
civilians upon landing.  He feels  he  is  also  entitled  to  another
cluster to his Air Medal, as he was shot down on his 23rd mission.

Applicant's complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was inducted into the  Army  of  the  United  States  on
24 August 1942 and entered active duty in the grade of private  on  28
February 1943.  From 28 February 1943 to 14 January 1944, he performed
duties as a Student Bombardier.  From 15 January 1944  to  24 December
1945, he performed duties as a commissioned officer in  the  grade  of
second lieutenant and performed duties as a Bombardier.  He was in the
European Theater of Operations from 30 May 1944 to 3  June  1945.   He
was reported missing in  action  on  19  September  1944  and  it  was
subsequently determined he was a Prisoner of  War.   He  was  credited
with having flown 23 combat missions.  He  was  returned  to  military
control on 1 May 1945.  He was promoted to the grade first  lieutenant
on 1 December 1945.  On 24 December 1945, he  was  honorably  relieved
from active duty because of demobilization.  He was credited  with  11
months and 6 days of continental service and 1 year  and  15  days  of
overseas service as a commissioned officer.  His  separation  document
shows he was entitled to the Purple  Heart  (for  wounds  received  in
combat on  19  September  1944)  and  European-African-Middle  Eastern
(EAME) Ribbon.  It was further indicated  he  was  wounded  in  action
because of “German civilian rioting injuries on fore head  (sic).”   A
letter dated 24 October 1997 from AFPC indicates  he  is  entitled  to
following awards and decorations:

      Purple Heart
      European-African-Middle Eastern Campaign Medal w/3 BSS
      Korean Service Medal
      United Nations Service Medal
      Republic of Korea Presidential Unit Citation
      American Campaign Medal
      World War II Victory Medal
      POW Medal
      Army of Occupation Medal-Japan
      National Defense Service Medal
      Air Medal w/2 OLC

He was in Reserve status from 25  December  1945  to  9  August  1950,
serving 15  days  in  active  duty  status  (8-22  July  1950).   From
10 August 1950 to 9 May 1952, he served on extended active duty in the
grade captain and performed duties as a Navigator.  On 10 May 1952, he
released from  active  duty  and  transferred  to  the  Reserves.   On
24 August 1962, he was  assigned  to  the  Honorably  Retired  Reserve
Section.  The record indicates he was credited with 9 years, 8  months
and 22 days of satisfactory Federal service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPRA recommends denial.  On 8 March 2004,  they  requested  the
applicant either withdraw his request for the Air Medal (3OLC) and the
Purple Heart (1OLC) or submit additional documentation to support  his
claim.  Applicant did not respond.  Their 8 March 2004 letter  to  the
applicant was the third such letter from their office  addressing  his
request  and  requesting  additional  documentation  to  support   his
request.  He did not provide supporting documentation in answer to any
of their letters.

A complete copy of the evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 16 April 2004, applicant submitted additional documents to  support
his claim.  A copy of the additional documents is at Exhibit D.

On 7 May 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  injustice  warranting  favorable  action   on   the
applicant’s request that he be awarded  the  third  oak  leaf  cluster
(3OLC) to the Air Medal for being shot down over Germany in World  War
II.  We are aware that, during the period the applicant served in  the
ETO, aircrew members such as the applicant were awarded the Air  Medal
for successful completion of five combat missions.  The record clearly
shows the applicant was  credited  with  participation  in  23  combat
missions as a navigator.  The  record  also  shows  the  applicant  is
currently credited with award of three Air Medals.  In  an  effort  to
remove any possibility of  an  injustice  to  the  applicant,  and  in
recognition of the missions the applicant flew in the service  of  his
country, we believe his records should be corrected  to  show  he  was
awarded the additional Air Medal he has requested.

4.  Insufficient relevant evidence has been presented  to  demonstrate
the existence of error or injustice with respect  to  the  applicant’s
request for a second Purple  Heart  medal.   We  took  notice  of  the
applicant's submissions in judging the merits of the case; however, we
agree with the opinion and recommendation of the Air Force  office  of
primary responsibility and adopt its rationale as the  basis  for  the
conclusion that the applicant has not been the victim of an  error  or
injustice.   The  applicant  has  not   provided   any   corroborative
documentation or witness statements that would lead us to believe that
at the time his aircraft was downed and during the time he was held in
captivity, he received an injury that met the criteria for award of an
additional Purple Heart medal.  While we are not unappreciative of the
applicant’s service to the nation, absent such  evidence,  we  do  not
believe favorable consideration of this  portion  of  the  application
would be appropriate.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to  show  that,  on  18  September
1944, he was awarded the  Air  Medal,  Third  Oak  Leaf  Cluster,  for
meritorious  achievement  while  participating  in  heavy  bombardment
missions in the air  offensive  against  the  enemy  over  Continental
Europe.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 16 November 2004, under the provisions of AFI 36-
2603:

                  Ms. Marilyn M. Thomas, Vice Chair
                  Ms. Kathleen F. Graham, Member
              Ms. Janet I. Hassan, Member

All members voted to correct the records, pertaining to AFBCMR  Docket
Number  BC-2004-00817,  as  recommended.   The  following  documentary
evidence was considered:

   Exhibit A.  DD Form 149, dated 8 Mar 04.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPRA, dated 27 Apr 04.
   Exhibit D.  Applicant’s Additional Documents, dated 16 Apr 04.
   Exhibit E.  Letter, SAF/MRBR, dated 7 May 04.




                                   MARILYN M.THOMAS
                                   Vice Chair




AFBCMR BC-2004-00817




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, on 18
September 1944, he was awarded the Air Medal, Third Oak Leaf Cluster,
for meritorious achievement while participating in heavy bombardment
missions in the air offensive against the enemy over Continental
Europe.









   JOE G. LINEBERGER

   Director

   Air Force Review Boards Agency