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AF | BCMR | CY2004 | BC-2004-01775
Original file (BC-2004-01775.doc) Auto-classification: Approved


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01775
            INDEX CODE:  107.00

            COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

Her deceased husband be awarded the Purple  Heart  (PH)  medal  for
injuries sustained during World War II.

___________________________________________________________________

APPLICANT CONTENDS THAT:

The former service member should have been awarded the Purple Heart
medal at discharge.

In support of the appeal, applicant submitted  letters  from  three
former crewmembers  explaining  the  circumstances  of  the  former
service member’s injury;  a  copy  of  the  former  member’s  death
certificate and his honorable discharge certificate,  dated  5  Oct
45.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

The former member enlisted in the Army Air Corps on 7 Jan 44.   His
highest grade held was staff sergeant.  He was honorably discharged
on 5 Oct 45 and was credited with 1 year, 9 months, and 19 days  of
active duty service.

WD AGO Form 53-55, Enlisted  Record  and  Report  of  Separation  -
Honorable Discharge, item 34, Wounds  Received  in  Action,  states
“NONE.”

The former member was awarded the Philippine Liberation Ribbon, Air
Medal, with 2 oak  leaf  clusters,  Good  Conduct  Medal,  and  the
Asiatic Pacific Theater Ribbon, with 8 bronze stars.

The former service member died on 2 September 2003.

___________________________________________________________________




AIR FORCE EVALUATION:

HQ AFPC/DPPPR reviewed this  application  and  recommended  denial.
They indicated the Purple  Heart  Medal  is  awarded  for  injuries
suffered as a direct result of enemy action and must have  received
medical treatment by medical personnel.  Indirect injuries  do  not
meet the criteria for award of the PH.  These include, but are  not
limited to, injuries received while seeking shelter from mortar  or
rocket attacks, aircraft bombings, grenades, and injuries  incurred
while serving as an aircrew member or in passenger  status  because
of the aircraft’s evasive measures against hostile fire.

DPPPR researched the former member’s personnel record and documents
attached to the DD Form 149 and could  not  find  any  support  for
award of the PH.

A complete copy of the evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant
on 10 Sep 04 for review and comment within 30  days.   As  of  this
date, no response has been received by this office (Exhibit D).

___________________________________________________________________

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 award of the  Purple
Heart medal.  After a thorough review of the  applicant’s  complete
submission,  including  the  statements  submitted  in  the  former
member’s behalf from three fellow crewmembers, we are convinced the
injury sustained by the applicant was the direct  result  of  enemy
action.  In November 1944, the former member received an injury  to
the head while serving as a gunner on a B-24 during a mission  over
Tarakan, Borneo.  In view of the above 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,  we
recommend his records be corrected to the extent indicated below.

___________________________________________________________________

THE BOARD RECOMMENDS 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 during a mission over XXXXX, in November 1944.

___________________________________________________________________

The following members of the Board considered AFBCMR Docket  Number
BC-2004-01775 in Executive Session on 2 November  2004,  under  the
provisions of AFI 36-2603:

      Mr. Richard A. Peterson, Panel Chair
      Mr. Gregory A. Parker, Member
      Mr. James W. Russell III, Member

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

     Exhibit A.  DD Form 149, dated 27 May 04, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ AFPC/DPPPR, dated 25 Aug 04.
     Exhibit D.  Letter, SAF/MRBR, dated 10 Sep 04.




                                   RICHARD A. PETERSON
                                   Panel Chair



AFBCMR BC-2004-01775




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 XXXXXXXX, XXXXXXX, be corrected to show  that  he
was awarded the Purple Heart for injuries  he  received  in  action
against an enemy of the United States during a mission over  XXXXX,
in November 1944.







            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

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