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AF | BCMR | CY2005 | BC-2001-00304A
Original file (BC-2001-00304A.doc) Auto-classification: Denied


                                 ADDENDUM TO
                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:                       DOCKET NUMBER:  BC-2001-00304A
                                             INDEX CODE:  107.00
                                             COUNSEL:  None

                                             HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

In the applicant’s request for  reconsideration,  he  requests  he  be
awarded a second Purple Heart (PH with 1st Oak  Leaf  Cluster  (1OLC))
for injuries sustained when his plane crashed over England.
_________________________________________________________________

STATEMENT OF FACTS:

The applicant had one year and two days of prior enlisted  service  as
an Army private  and  was  honorably  discharged  on  17 Sep  41.   He
enlisted in the Army Air Corps on 23 Jan  42,  and  departed  for  the
European Theater on 23 Apr 43.  He was a Prisoner of  War  (POW)  from
13 Jun 43 to 5 May 45.  He departed the European Theater on 3 Jun  45,
arrived in the  US  on  11  Jun  45,  was  demobilized  and  honorably
discharged in the grade of technical sergeant (TSgt)  on  25  Sep  45,
with three years, eight months and two days of active service.  His WD
AGO Form 53-55 reflects he received the Good Conduct  Medal,  the  Air
Medal, and the European African Middle Eastern Campaign Medal, and  he
received no wounds in action.

On 20 Oct 00, his WD AGO Form 53-55 was administratively corrected  to
reflect receipt of the PH, the POW medal, the American Campaign Medal,
the World War II victory  Medal,  and  that  he  was  wounded  in  the
European Area on 13 Jun 43.  The PH was awarded based on the applicant
providing a 9 Oct 45 War Department document indicating  he  had  been
awarded the PH for wounds received in action when  he  was  shot  down
over Germany on 13 Jun 43.  HQ AFPC/DPPPR  invited  the  applicant  to
submit additional evidence to warrant the second PH; however,  he  did
not respond.

In an appeal dated 28 Nov 00, the applicant requested his WD AGO  Form
53-55 reflect that he was a  POW,  promoted  to  the  rank  of  master
sergeant (MSgt), and was awarded a PH 1OLC.  On 27 Sep 01,  the  Board
granted the applicant’s requests for a POW promotion to MSgt  and  for
his records to reflect he was a  POW  from  13 Jun  43  to  5 May  45;
however, his request for the PH 1OLC was denied.   The  Board  invited
the applicant to submit supporting  evidence  regarding  the  PH  1OLC
request for possible reconsideration.

For an accounting of  the  facts  and  circumstances  surrounding  the
applicant’s original case and the rationale of that  decision  by  the
Board, see the Record of Proceedings at Exhibit G.

On 14 Apr 04, the applicant’s Senator forwarded his DD Form 149, dated
21 Jan 05, requesting the PH 1OLC, to SAF/LLI.  SAF/LLI forwarded  the
request for reconsideration to the AFBCMR on 4 May 05.  Included is  a
supporting statement from an individual identifying himself as the co-
pilot of the B-17 plane on which the applicant was a  radio  operator.
The co-pilot indicated  they  were  on  a  mission  headed  to  Emdem,
Germany, on  21 May  43,  when  they  came  under  attack  from  enemy
fighters.  The number two engine and left tire were  burned  out,  but
they landed safely in  an  abandoned  British  fighter  strip  with  a
damaged hydraulic system and a nearly empty fuel tank.  The  applicant
jammed his left arm into the radio receiver during the bumpy  landing.
The co-pilot adds that pilots were responsible for injury reports.

The  Senator’s  letter,  with  the  applicant’s  DD   Form   149   and
attachments, are at Exhibit H.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

The applicant was awarded a PH for wounds sustained in action when  he
was  shot  down  over  Germany  on  13 Jun  43.    He   now   requests
reconsideration of his unsuccessful appeal for a second  PH  based  on
his B-17 being  damaged  by  enemy  fire  in  May  03.   We  carefully
considered the statement from the co-pilot of  that  plane.   The  co-
pilot describes how the B-17 was damaged  after  coming  under  attack
from enemy fighters.  The aircraft made a rough, but safe, landing  in
allied territory.  During  the  landing,  the  co-pilot  contends  the
applicant jammed his left arm into the radio receiver.  After  careful
consideration, we cannot logically conclude that  this  constitutes  a
wound or injury directly resulting from enemy action.  While the  B-17
was damaged by enemy fire, it was not “shot down,”  did  not  “crash,”
and the applicant sustained no wounds during the encounter  until  the
aircraft made a rough landing in England and his arm jammed  into  the
receiver.  While we are unable to recommend granting  the  applicant’s
request for the second PH,  we  acknowledge  his  achievements  during
World War II, and our decision should in no  way  be  construed  as  a
diminishment of his personal sacrifices.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of material error  or  injustice;  that  the
application was denied without a personal  appearance;  and  that  the
application will only be reconsidered upon  the  submission  of  newly
discovered relevant evidence not considered with this application.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 26 Jul 05 under the provisions of AFI 36-2603:

                 Mr. Michael J. Novel, Panel Chair
                 Ms. Janet I. Hassan, Member
                 Ms. Marcia Jane Bachman, Member

The following documentary evidence relating to AFBCMR Docket Number BC-
2001-00304 was considered:

   Exhibit G.  Record of Proceedings, dated 26 Oct 01, w/atchs.
   Exhibit F.  Senator’s Letter, dated 14 Apr 05, w/atchs.




                                   MICHAEL J. NOVEL
                                   Panel Chair

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