RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2004-01258

                 COUNSEL:  None

                 HEARING DESIRED:  No
_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) for wounds received  during  World
War II (WWII).
_________________________________________________________________

APPLICANT CONTENDS THAT:

He rejected the Purple Heart at the time he was wounded.

In support of his request, he submits a copy of an honorable discharge
and signed statements from his aircrew members.

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

STATEMENT OF FACTS:

Applicant enlisted into the Air Corps on  28  November  1942  and  was
honorably separated on 25 September 1945 after completing  1  year,  9
months and 18 days of total active military service.

His WD AGO Fm 53-55 reflects he served in the  following  battles  and
campaigns: Air Offensive Europe, Southern France, Northern  Apennines,
Central Europe Po Valley, Rome-Arno. It also  reflects  the  following
awards: European-African-Middle Eastern (EAME) Ribbon with six  Bronze
Stars, Air Medal with three Oak Leaf Clusters, and  the  Good  Conduct
Medal. He was stationed in Italy from    16 July 1944 to 27 July 1944.

The Purple Heart Medal is awarded for  wounds  received  as  a  direct
result of enemy actions.  In addition, it is necessary that the  wound
required or received  treatment  by  medical  personnel,  as  well  as
detailed personnel  accounts  of  the  circumstances  surrounding  the
injury to include specifics as to how the injury occurred, exact  date
of injury, and unit of assignment.  The applicant’s  request  contains
several eyewitness statements;  however,  the  member  has  failed  to
provide statements on his own behalf.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommended denial.  There is no report of injury found  in
his military medical records WD  AGO  Form  38,  (Report  of  Physical
Examination of Enlisted Personnel Prior  to  Discharge,  Release  from
Active Duty or Retirement) in items 40-41.  Portions  of  his  service
medical records were provided as part of his VA medical  records,  and
there is no indication in his  medical  records  of  him  having  been
treated in Europe.  Without the basic  information  and  documentation
proving injury, we are unable to verify  the  applicant’s  eligibility
for award of the Purple Heart Medal.

AFPC/DPPPR complete evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force  evaluation  and  stated  he  was
never in Graz Austria.  He was a waist gunner and radio operator  crew
member on a B-24 Liberator bomber.  On their  mission,  we  flew  over
Graz Austria bombing military targets.  Perhaps records were not  kept
as accurately during War World II as they may be today. Therefore,  as
proof, he did not fabricate this story,  he  sent  letters  from  crew
members that were on the plane as to the fact he was wounded  on  that
mission.  All these crew members are still living.  At the time of his
treatment, medical personnel asked him if he wanted the  Purple  Heart
Medal and he turned it down.  He was thinking about how much it  would
worry his Mother.  He now realizes his mistake.   He  was  treated  by
medical personnel on the airplane after they landed  at  a  base  near
Cerignola, Italy.  He was hit in the right arm and right shoulder.

Applicant’s complete response is at Exhibit E.

_________________________________________________________________

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. In support of his contention, the
applicant provided credible evidence  from  several  eyewitnesses.  It
appears that while serving as a  waist  gunner  on  a  B-24  Liberator
bomber, the applicant through direct exposure  to  the  enemy’s  heavy
pattern of exploding anti-aircraft fire was injured in the  right  arm
and shoulder after the aircraft was hit  during  a  bombing  run  over
Graz, Austria.  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-24  aircraft  during  a  mission  over  Graz
Austria on 1 November 1944.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2004-01258 in Executive Session on 30 June 2004, under the  provisions
of AFI 36-2603:

                 Ms. Brenda L. Romine, Panel Chair
                 Ms. Jean Reynolds, Member
                 Mr. Vance E. Lineberger, Member

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

      Exhibit A. DD Form 149, dated 14 Apr 04, w/atchs.
  Exhibit B.     Applicant's Master Personnel Records.
  Exhibit C.     Letter, AFPC/DPPPR, dated 24 May 04.
  Exhibit D.     Letter, SAF/MRBR, dated 28 May 04.
  Exhibit E.     Applicant’s Response, undated.





      BRENDA L. ROMINE
      Panel Chair






AFBCMR BC-2004-01258





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-24 aircraft during  a  mission  over  Graz
Austria on 1 November 1944.








      JOE G. LINEBERGER
      Director
      Air Force Review Boards Agency