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AF | BCMR | CY2004 | BC-2004-02056
Original file (BC-2004-02056.doc) Auto-classification: Approved


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02056
            INDEX CODE:  107.00
XXXXXXXXXXXXXX   COUNSEL:  XXXXXXXXXXXXX

XXXXXXXXXXXXXX   HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

Due to  a  change  in  flight  surgeons,  the  award  of  the  PH  was
overlooked.

In support of his request, the applicant submits a personal statement,
Individual Flight Records, exerts from History of  the  460th  Fighter
Squadron for the period 1 May 1945  through  31  May  1945,  where  it
indicates applicant was injured by flying plexiglass from the  canopy,
a copy of a Special Order, and a  copy  of  his  Military  Record  and
Report of Separation-Certificate of Service.

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

In addition, in further support of his appeal,  applicant  provided  a
document from a civilian  medical  doctor  indicating  his  scars  are
consistent with his injury reported.

Applicant’s conplete statement, with atchments, is attached at Exhibit
C.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s available records show  that  he  was  commissioned  a
second lieutenant in the Army Air Corp on 8 February 1944.  He  served
in Air Offensive Japan, China  offensive,  Bismarck  Archipelago,  New
Guinea, and Luzon Southern Philippines  battles  and  campaigns  as  a
Fighter  Pilot.   His  Military  Record  and  Report  of   Separation-
Certificate of Service, reflects award of the Air  Medal  w/4OLC,  the
Asiatic Pacific Service Medal, and the  Philippine  Liberation  Ribbon
w/1BS.

_________________________________________________________________

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.   After  a  thorough  review  of  the
applicant’s submission, we are persuaded by the applicant's  assertion
and the statement provided from his  doctor.   The  medical  statement
reveals that upon examination of the applicant, scars on his face  are
consistent with injuries he received from splinters of plexiglass when
his aircraft was hit by antiaircraft fire.  In view of  the  foregoing
and in recognition of his service to the Nation,  it  is  our  opinion
that any doubt concerning the applicant’s entitlement to the PH  Medal
should be resolved in his favor.  Accordingly, we recommend  that  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 on 20 May  1945,  for  injuries  he  received  in  action
against an  enemy  of  the  United  States  in  the  Republic  of  the
Philippines.

_________________________________________________________________

The following members of the Board considered Docket  Number  BC-2004-
02056 in Executive Session on 14 September 2004, under the  provisions
of AFI 36-2603:

                 Ms. Olga M. Crerar, Panel Chair
                 Mr. James W. Russell III, Member
                 Mr. John B. Hennessey, Member

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

      Exhibit A. DD Form 149, dated 20 May 04, w/atchs.
      Exhibit B. Applicant's Available Personnel Records.
      Exhibit C. Letter, Applicant, undated, w/atchs.




      OLGA M. CRERAR
      Panel Chair



AFBCMR 2004-02056



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 XXXXXXXXXXXX, be corrected to  show  that  he  was  awarded  the
Purple Heart on 20 May 1945, for injuries he received in action  against  an
enemy of the United States in the Republic of the Philippines.








  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency



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