RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-00523
            INDEX CODE:  107.00

      XXXXXXXXXXXXXXXXXXX    COUNSEL:  NONE

      XXXXXXXXXXXXX    HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  30 September 2006

_________________________________________________________________

APPLICANT REQUESTS:

Award of the Purple Heart (PH) Medal for exposure to frostbite while  on  an
operational mission on 20 December 1943.

_________________________________________________________________

APPLICANT CONTENDS THAT:

During an operational mission on 20 December 1943, his bomber was hit by an
88M shell which struck the bulkhead where he was manning a machine gun.  In
addition to the aircraft structural damage, the bomb bay door controls  and
oxygen heat to parts of the plane were knocked out.   However,  he  had  to
make sure the bombs still dropped which resulted in severe frostbite to his
face.  He was removed from combat for 7 days.

In support of his appeal, the applicant provides copies of  his  Report  of
Physical Examination dated 29 Sep 45, and an Intelligence Report  dated  20
Dec 43,  with  associated  documents.   The  applicant’s  submission,  with
attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was inducted into the Army Air Corps on 12  August  1942  and
entered active duty on 26 August 1942.   The  applicant  departed  for  the
European Theater of Operations (ETO) on 20 August 1943.  While in  the  ETO
he was assigned to the 306th Bomber Group and performed  his  duties  as  a
Radio Operator and Mechanic.  He arrived in the Continental US on 6  August
1944.  His separation document shows he participated in the Western  Europe
campaign.  He  was  awarded  the  European-African-Middle  Eastern  Theater
Ribbon with one bronze star, Distinguished Flying Cross and the  Air  Medal
with three bronze oak leaf clusters.  On 22 January 1953, the Awards Branch
Personnel Services Division, reviewed his  records  and  substantiated  his
eligibility for the World War II Victory Medal,  American  Campaign  Medal,
Good Conduct Medal, European-African Middle  Eastern  Campaign  Medal  with
three bronze stars and the Distinguished Unit Citation Emblem with one  oak
leaf cluster.

Applicant continued to serve in the Air  Force  Reserve  in  an  active  and
inactive status until his discharge  in  the  grade  of  technical  sergeant
effective 1 March 1951.

It has come to the Board’s attention that the Department  of  the  Army  has
been approving PH requests for frostbite exposure.  It  is,  therefore,  the
Board’s  opinion  that,  since  the  applicant  was   serving   under   Army
regulations at the time of the incident, Army standards at the  time  should
apply to his initial request.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends the application be denied.  DPPPR states the  medical
documentation the applicant provided reflects his injury was not  sustained
as a result of enemy action but due to direct wind blast through open  bomb
bay doors, causing frostbite under his chin.  The DPPPR  evaluation  is  at
Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 28 April 2003, applicant requested his application be withdrawn.   On  5
June 2003, his application  was  withdrawn  per  applicant’s  request  (See
Exhibit E).

On 24 March 2005, the applicant requested his application be reopened.   He
states his previous request to withdraw his application was done  in  haste
and made without fully considering his  options  or  consulting  with  more
qualified personnel.  After talking with  old  combat  airmen  and  veteran
counselors, he was advised he had a good case.  He is also aware  that  the
Veterans Affairs office considers Purple Heart recipients  up  to  Category
three; therefore, he felt compelled to try again and convince the Air Force
he is indeed worthy of an  investigation  into  this  matter.   Applicant’s
letter is at Exhibit F.

_________________________________________________________________

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  reviewing  this  application  and  the
evidence provided in support of  the  appeal,  we  are  convinced  that  the
applicant’s records should be corrected to  show  he  was  awarded  the  PH.
Based on Army Regulation 600-45 (as  amended),  wherein  it  is  stated,  “A
wound is defined as an injury to any  part  of  the  body  from  an  outside
force, element, or agent sustained as the result of a  hostile  act  of  the
enemy while in action in the face of the enemy.  …The word “element”  refers
to weather  and  permits  award  to  personnel  severely  frostbitten  while
actually engaged in combat,” we believe approval  of  the  requested  relief
would be appropriate.  Our opinion has  its  basis  in  the  fact  that  the
applicant incurred frostbite while flying on  a  bombing  mission.   In  our
estimation, given the circumstances of this case, it is not possible to  say
that his injuries were sustained by anything  other  than  as  a  result  of
enemy actions while engaged in combat.  Therefore, we strongly  believe  the
applicant’s records should be corrected as 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,  on  30  September  1945,  he  was
awarded the Purple Heart Medal for wounds  to  his  face  due  to  frostbite
incurred while on an operational mission in Germany on 20 December 1943.
_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 9 August 2005 under the provisions of AFI 36-2603:

                  Mr. Michael K. Gallogly, Panel Chair
                  Mr. Garry G. Sauner, Member
              Mr. Joseph D. Yount, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered in connection with AFBCMR Docket  Number
BC-2003-00523.

    Exhibit A.  DD Form 149, dated 6 Feb 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 31 Mar 03.
    Exhibit D.  Letter, SAF/MRBR, dated 4 Apr 03.
    Exhibit E.  Letters, Applicant and AFBCMR, dated 28 Apr 03
                and 5 Jun 03.
    Exhibit F.  Letter, Applicant, dated 24 Mar 05.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair


AFBCMR BC-2002-00523




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 XXXXXXXXXXXXXXXXXXXXXXXXX, be corrected to show that on 30
September 1945, he was awarded the Purple Heart Medal for wounds to his
face due to frostbite incurred while on an operational mission over Germany
on 20 December 1943.





        JOE G. LINEBERGER

        Director

                Air Force Review Boards Agency