RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBERS:  BC-2004-00937
            INDEX CODE 107.00
            COUNSEL:  None

            HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His discharge records reflect award of the Purple Heart  (PH)  1st Oak
Leaf Cluster (1OLC), for wounds sustained in World War II (WWII).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was a B-24 pilot assigned to the 464th Bomb Group based  in  Italy.
On 24 Aug 44, while returning from a successful bombing  mission  over
Czechoslovakia, his group was attacked by a large formation  of  enemy
fighters.  His plane was disabled and caught fire. He signaled bailout
but was himself unable to escape. He was ejected when the  plane  blew
up.  His parachute delayed opening and  his  landing  was  hard.   His
already lacerated thighs were further injured, as were  his  back  and
shoulder, when he crashed through a tile roof.  He  doctored  his  own
lacerations and was taken prisoner.  Several days passed before he and
other crewmembers reached their permanent prisoner-of-war (POW)  camp,
where their wounds were given medical attention.   By  the  time  they
were liberated, his wounds were healed and  forgotten.   The  Russians
who overran their camp probably destroyed camp medical  records.   His
application was prompted by the  media  attention  given  to  the  PHs
awarded to Senator Kerry and General Franks.

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

_________________________________________________________________

STATEMENT OF FACTS:

The following information was extracted from documents provided by the
applicant and from available documents in his military records.

The applicant, a Reservist, entered the Army Air Corps on  21  May  42
and was deployed to North Africa on 4 Mar 44 as a B-24 pilot.

An undated memo  from  the  776th  Bombardment  Squadron  to  the  War
Department,  HQ  Army  Air  Forces,  in  Washington  DC  advised  that
overwhelming enemy fighters attacked the box formation  in  which  the
applicant was flying, the  applicant’s  plane  came  under  aggressive
attack by enemy aircraft, one engine caught fire and the aircraft went
into a spin.  Seven parachutes were reported to have been seen.

A WD AGO Form 64, Physical Examination for Flying,  dated  24 Aug  45,
reported the applicant sustained superficial flak wounds in  the  left
thigh on 10 May 44.  He was treated in a dispensary in Italy.  In  Jul
44, he was treated for bursitis in the left shoulder and  hospitalized
in Italy for  two  weeks.   On  24  Aug  44,  the  applicant  incurred
abrasions on his legs when he bailed out over enemy territory.  He was
taken as a POW immediately and treated by a  German  medical  officer.
He was liberated on 29 Apr 45 and returned to the US on 3 Jun 45.

The applicant’s records indicated he received a PH in Jun 44 under the
authority of General  Order  1Hq464BGp.   While  the  records  do  not
indicate whether the award  was  for  the  10  May  44  or  24 Aug  44
incident, given the receipt date, presumably it was for the 10 May  44
injury.

The applicant was released from active duty on 22 Jan 47 in the  grade
of major and continued to serve as a Reservist.  The WD AGO  Form  53-
98,  Report  of  Separation,  reflected  his  participation   in   the
battles/campaigns of Air Combat Balkans, Southern  France,  Rome-Arne,
and Northern France.  His decorations and citations included  the  PH,
the European-African-Middle-Eastern Theater Ribbon, the Air Medal with
three Oak Leaf Clusters, the American Theater  Ribbon,  and  the  WWII
Victory Medal.  Also, Item 30, Wounds Received  in  Action,  indicated
“Italy on 10 Jul [sic?] 44.”

The applicant was transferred to the Retired Reserves in the grade  of
lieutenant colonel on 18 Jun 79, with 20 years, 9 months, and 14  days
of satisfactory service for retirement.

In Sep 98, the applicant received a  Department  of  Veterans  Affairs
(DVA) rating of 60%  for  WWII-connected  cervical  and  lumbar  spine
injury,  disc  degeneration,  post-traumatic  left  and   right   knee
instability/pain/arthritis, residuals for  left  shoulder  injury  and
tinnitus.

On 26 May 04, HQ AFPC/DPPRSP advised the applicant that his Report  of
Separation for 22 Jan 47 was amended to reflect POW status in  Germany
from 24 Aug 44 to 24 Apr 45, and award of the POW Medal,  the  Defense
Medal and the Air Force Reserve Medal.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR advises that, to  be  awarded  the  PH,  a  member  must
provide detailed evidence/documentation to support he was wounded as a
direct result of  enemy  action  and  received  treatment  by  medical
personnel.  They assert there is no evidence the  applicant  had  been
injured  as  a  direct  result  of   enemy   action.    Administrative
corrections have been made to his Report of Separation, but  award  of
the PH 1OLC should be denied.

A complete copy of the evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant feels he  has  provided  more  than  enough  information
substantiating he was wounded as a result  of  enemy  action.  He  was
prevented from obtaining treatment from an American medical officer by
an enemy more intent on stringing him up than patching him up.  By the
time he was liberated from the POW camp nine months later, his  wounds
had healed  and  no  further  treatment  was  necessary.   Anyone  who
believes he could emerge without a  scratch  from  an  explosion  that
fragmented a B-24 aircraft  has  no  imagination.   He  has  submitted
pictures of the dedication ceremony and the plaque  commemorating  his
aircraft that crashed near the Czech village where he was subsequently
taken prisoner.

A complete copy of applicant’s response is at Exhibit E.

On 1 Jul 04, the AFBCMR  Staff  requested  the  applicant  to  provide
Attachments 8 and 9 of his application package, as they appeared to be
missing.  He was advised his case would be held  in  abeyance  for  14
days so that he could provide these  documents;  otherwise,  his  case
would be processed with the evidence currently available.

In a 13 Jul 04 letter, the applicant advised Attachments 8 and 9  were
only registry numbers with regard  to  his  PH  and  POW  medals.   He
provides a statement from his bombardier describing  the  incident  in
question and attesting to the wounds received by members of the downed
aircraft,  including  the  applicant.   With  this  statement   is   a
translated letter from  an  individual  who  was  one  of  the  German
soldiers guarding the POWs, also describing the incident.

The applicant’s complete response, with attachments, is at Exhibit G.

_________________________________________________________________

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 to warrant awarding the  applicant
his  second  PH.   The  applicant’s  available  records  reflect  that
“overwhelming enemy fighters” attacked the box formation in  which  he
was flying, his plane caught fire and went into a spin, and that seven
parachutes were seen bailing  out  from  the  B-24.   The  24  Aug  45
physical examination reported the applicant incurred abrasions on  his
legs when he bailed out over enemy territory on  24  Aug  44  and  was
immediately taken prisoner and treated by a  German  medical  officer.
We found the  detailed  personal  accounts  by  both  the  applicant’s
bombardier  and  the  German   soldier   interesting   and   extremely
convincing.  There  seems  little  doubt  the  applicant’s  plane  was
disabled by enemy attack and the crew was forced to parachute  out  of
the  fiery,  spinning  aircraft  that  exploded  and  crashed  over  a
Czechoslovakian village.  As the applicant himself so  aptly  put  it,
anyone who  believes  he  could  emerge  without  a  scratch  from  an
explosion that fragmented the B-24 has no imagination.   Further,  the
applicant appears to suffer to this day from the effects of the wounds
he sustained while defending our country during  WWII.   We  therefore
recommend this veteran be awarded the PH 1OLC  for  injuries  directly
caused by enemy action on 24 Aug 44.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that, on 24  August  1945,
he was awarded the Purple Heart for injuries received against an enemy
of the United States while on a bombing  mission  over  hostile  enemy
territory on 24 August 1944, and that the WD AGO Form 53-98,  Military
Record and Report  of  Separation,  issued  in  conjunction  with  his
honorable release from active duty on 22 January 1947, reflects he was
awarded the Purple Heart, 1st Oak Leaf Cluster.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 19 August 2004 under the provisions  of  AFI  36-
2603:

                 Mr. Wayne R. Gracie, Panel Chair
                 Ms. Jean A. Reynolds, Member
                 Ms. Beth M. McCormick Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence relating to AFBCMR  Docket  Number  BC-
2004-00937 was considered:

   Exhibit A.  DD Form 149, dated 18 Mar 04, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPR, dated 25 May 04.
   Exhibit D.  Letter, SAF/MRBR, dated 4 Jun 04.
   Exhibit E.  Letter, Applicant, dated 13 Jun 04, w/atchs.
   Exhibit F.  Letter, AFBCMR, dated 1 Jul 04.
   Exhibit G.  Letter, Applicant, dated 13 Jul 04, w/atchs.




                                   WAYNE R. GRACIE
                                   Panel Chair



AFBCMR BC-2004-00937




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, on 24 August 1945,
he was awarded the Purple Heart for injuries received against an enemy
of the United States while on a bombing mission over hostile enemy
territory on 24 August 1944, and that the WD AGO Form 53-98, Military
Record and Report of Separation, issued in conjunction with his
honorable release from active duty on 22 January 1947, reflects he was
awarded the Purple Heart, 1st Oak Leaf Cluster.





   JOE G. LINEBERGER

   Director

   Air Force Review Boards Agency