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AF | BCMR | CY2004 | BC-2004-01796
Original file (BC-2004-01796.DOC) Auto-classification: Approved


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01796
            INDEX CODE:  107.00

            COUNSEL:  JOHN M. KENNEDY

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect award of the Purple Heart Medal.

_________________________________________________________________

APPLICANT CONTENDS THAT:

On 28 Sep 44, he was forced to bail out of a crippled  B-17  aircraft,
breaking his ankle when he landed.

In support of  his  appeal,  the  applicant  provided  copies  of  his
separation document and medical examination.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Army of the United States (Air Corps) on  27
Oct 1942.

Available documentation provided by counsel indicates  that  on  3 Oct
44,  the  applicant  fractured  his  right  ankle  during   a   forced
parachuting from a plane over France.

Applicant was honorably discharged on 11 Jun 45 under  the  provisions
of AR 615-365 (Convenience of the Government).  He was credited with 2
years, 7 months, and 15 days of active service, of which 9 months  and
28 days were foreign service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommended denial indicating the applicant did not provide
sufficient documentation to support his claim.

A complete copy of the AFPC/DPPPR evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

By letter, dated 25 Oct 04 (sic),  the  applicant’s  counsel  provided
additional documentary evidence for the Board’s  consideration,  which
is attached 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.   After  a  thorough  review  of  the
evidence  presented,  we  are  persuaded  that  corrective  action  is
warranted.  In this respect, we note the Purple Heart Medal is awarded
for wounds received as a direct result of enemy actions (e.g., gunshot
or shrapnel wounds,  hand-to-hand  wounds,  forced  aircraft  bail-out
injuries, etc.).  We believe the  applicant  has  provided  sufficient
documentation to support his assertion he was  injured  after  he  was
forced to bail out of a plane over France in  1944.   Accordingly,  we
recommend his records be corrected to  reflect  award  of  the  Purple
Heart Medal.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show he was awarded the  Purple
Heart Medal for injuries he received during a forced parachuting  from
a plane over France on 3 Oct 44.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2004-01796 in Executive Session on 22 Sep 04, under the provisions  of
AFI 36-2603:

      Mr. Robert S. Boyd, Panel Chair
      Ms. Martha J. Evans, Member
      Mr. Alan A. Blomgren, Member

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

    Exhibit A.  DD Form 149, dated 2 Jun 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 28 Jul 04.
    Exhibit D.  Letters, SAF/MRBR, dated 6 Aug 04.
    Exhibit E.  Letter, in applicant’s behalf, dated 25 Oct 04
                        (sic), w/atch.




                                   ROBERT S. BOYD
                                   Panel Chair









AFBCMR BC-2004-01796




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 he was awarded the Purple
Heart Medal for injuries he received during a forced parachuting from
a plane over France on 3 Oct 44.







    JOE G. LINEBERGER

    Director

    Air Force Review Boards Agency


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