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AF | BCMR | CY2005 | BC-2004-03486
Original file (BC-2004-03486.doc) Auto-classification: Approved

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-03486
            INDEX CODE:  100.07; 107.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  13 MARCH 2006

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show he was awarded the Purple Heart (PH)  Medal
and his service training schools be added to his separation document.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His separation document does not show he was wounded  or  that  he  received
the Purple Heart for wounds received during combat, nor  does  it  show  all
the service schools he attended.

In support of the application, the  applicant  submits  a  letter  from  his
former commander, a list  of  service  schools  he  attended,  his  personal
statement, excerpts from his diary, and a copy of his  separation  document.
The applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s service  records  were  damaged  by  fire  in  1973  at  the
National Personnel  Records  Center,  St.  Louis,  MO.   As  a  result,  the
following is the  only  known  information  pertaining  to  the  applicant’s
service and was extracted from the partially reconstructed record  and  from
documents provided by the applicant.

The applicant enlisted in the Army Air  Corps  on  18  September  1942,  and
entered active duty on 6 June  1944  at  the  age  of  23.   His  separation
document indicates the period 31 December 1943 to 5 June 1944  was  inactive
Enlisted  Reserve  Corps  (ERC)  service.   (Available  documents  show  the
applicant, who had been serving as an  aviation  cadet,  had  been  released
from active duty in or about December 1943 based  on  the  approval  of  his
request to accept employment in a vital war industry.  His records  indicate
subsequent to his return to active duty, he  was  enrolled  in  Armorer  and
Gunnery Schools for periods of 9 weeks and 6 weeks,  respectively.   He  was
assigned  to  duties  in  the  European-African-Middle  Eastern  Theater  of
Operations from 22 October 1944 to 19 March 1945, and  he  performed  duties
as an Aerial Gunner.   He  participated  in  the  Rhineland,  Ardennes,  and
Central Europe Campaigns.  His DD 214 reflects he was awarded the Air  Medal
(4 OLC), the Good Conduct Medal, and the  European  African  Middle  Eastern
Campaign Medal.  He was credited with 2 years, 2  months,  and  11  days  of
continental service, and 5 months  and  14  days  of  Foreign  Service.   On
14 October 1945, he was honorably discharged in the grade of Staff  Sergeant
for the Convenience of the Government (demobilization).

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPAT notified  the  applicant  that  they  were  unable  to  verify
completion for any training dealing with Mechanics  School,  Crew  Training,
and Cadet Training.  DPPAT requested the applicant provide source  documents
showing that he was trained.  DPPAT’s letter is at Exhibit C.

HQ AFPC/DPPPR recommends denial.  DPPPR researched the applicant’s  military
personnel record and documents, and could  not  find  any  support  for  the
award of the PH.  DPPPR notes the applicant’s request was forwarded  to  and
denied by the HQ USAF Purple Heart Review Board on  11  January  2005.   His
report of separation  document  indicates  wounds  received  in  actions  as
“None.”  DPPPR states the PH is awarded for  wounds  received  as  a  direct
result of enemy actions, and it is necessary that the  wound  have  required
or  received  treatment  by  medical  personnel.   DPPPR  explains  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
service as an aircrew member  or  in  a  passenger  status  because  of  the
aircraft’s evasive measures against hostile fire.

DPPPR  notes  there  are  too  many  conflicting  statements  made  by   the
applicant, and no mention  in  the  applicant’s  record  that  indicates  he
received  medical  treatment  during  or  after  his  injury  in  1945.   In
particular,  the  applicant’s  statement  from  his  personal  diary   dated
14 January 1945 which states, “I just had little scratches and an  eye  full
of glass;” however, the eyewitness states in his letter that  the  applicant
is in need of medical care at the Veterans Hospital.

DPPPR’s evaluation is at Exhibit D.

_________________________________________________________________



APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were  forwarded  to  the  applicant  for
review and comment on 28 January 2005.  As of this  date,  this  office  has
received no response (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 injustice.   The  commander  and  pilot  of  the  aircraft  has
declared in his statement that the applicant was hit  in  the  arm  and  leg
with shrapnel during a  bombing  mission  over  Hallendorf,  Germany  on  14
January 1945.  Based on this eyewitness  statement  by  an  officer  in  the
applicant’s chain of command, it is our opinion the applicant  has  provided
sufficient evidence to show  his  injuries  were  sustained  by  actions  of
enemies of the United States and that it does meet the  criteria  for  award
of the Purple Heart Medal.  Therefore, we strongly believe  the  applicant’s
records should be corrected in the following manner.

4.  Insufficient  relevant  evidence  exists  to  support  the   applicant’s
request to add his service training schools to his records.   The  applicant
did not provide any evidence to show his attendance at the  service  schools
cited in his submission; therefore, in the  absence  of  such  evidence,  we
conclude that the applicant has not suffered either an error  or  injustice.
Accordingly, this portion of the application is not favorably considered.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that on 14 October 1945,  he  was  awarded
the Purple Heart Medal for shrapnel wounds received  in  action  against  an
enemy of the  United  States  during  a  bombing  mission  over  Hallendorf,
Germany, on 14 January 1945.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 14 June 2005, under the provisions of AFI 36-2603:

                 Mr. Michael J. Novel, Panel Chair
                 Ms. Patricia R. Collins, Member
                 Mr. Vance E. Lineberger, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered in connection  with  Docket  Number  BC-
2004-03486:

     Exhibit A.  DD Form 149, dated 5 Nov 04, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ AFPC/DPPAT, dated 9 Dec 04.
     Exhibit D.  Letter, HQ AFPC/DPPPR, dated 13 Jan 05.
     Exhibit E.  Letter, SAF/MRBR, dated 28 Jan 05.




                                   MICHAEL J. NOVEL
                                   Panel Chair


AFBCMR BC-2004-03486


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 APPLICANT be corrected to show that on 14 October 1945, he
was awarded the Purple Heart Medal for shrapnel wounds received in action
against an enemy of the United States during a bombing mission over
Hallendorf, Germany, on 14 January 1945.









  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency


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