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AF | BCMR | CY2005 | BC-2005-02966
Original file (BC-2005-02966.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2005-02966
                                             INDEX CODE:  100.00
      XXXXXXX                           COUNSEL:  NONE

      XXXXXXX                           HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  30 MARCH 2007


________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH), the Prisoner-of-War  Medal  (POW),  and
an oak leaf cluster to the Air Medal (AM, 1 OLC).

________________________________________________________________

APPLICANT CONTENDS THAT:

He is entitled to the PH and an additional AM since he  was  shot  down  and
injured on his 11th combat mission.  During the period in question,  an  oak
leaf cluster was awarded for  each  5  missions  flown.   During  the  crash
landing he sustained a small  trauma  injury  to  his  scalp  for  which  he
received medical treatment in Switzerland.  Further, he is entitled  to  the
POW because he was held as an internee of the Swiss government.

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant is a former member of the Army Air Corps, who  served  in  the
European Theatre of Operation from 19 December 1944 to 29 March 1945 as a B-
17, Flying  Fortress,  bombardier.   He  completed  a  total  of  11  combat
missions, totaling 95 combat hours.  On 25 February 1945, he was  shot  down
and interned by the Swiss government  until  he  was  returned  to  military
control on 7 March 1945.  He was awarded the Air Medal (AM) for  meritorious
achievement while participating in heavy bombardment  missions  in  the  air
offensive  against  the  enemy  over  Continental  Europe.   His  separation
physical indicates that he had a 5 inch vertical laceration scar  medial  on
his middle right forearm, and a 1 inch horizontal  laceration  scar  on  the
left center of his chin.

The PH is awarded for wounds received as a direct  result  of  enemy  action
(i.e., gunshot  or  shrapnel  wounds,  hand-to-hand  combat  wounds,  forced
aircraft bail out injuries, etc.).  In addition, it is  necessary  that  the
wound have required or received treatment by  medical  personnel.   Indirect
injuries do not meet the criteria for award of the PH.

The AM is awarded for heroic or meritorious achievement while  participating
in aerial flight.

On 7 November 2005, the Purple Heart  Review  Board  (PHRB)  considered  and
denied applicant’s request for the PH.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends the application be denied, and states, in  part,  that
applicant has provided no evidence of him being recommended or approved  for
an additional AM.  Furthermore, the POW is only awarded to  individuals  who
were taken prisoner and held captive.   In  the  applicant’s  case,  he  was
detained in Switzerland and was not listed by the War Department as  a  POW,
but as an internee since Switzerland was  considered  and  classified  as  a
neutral country during World War II.  His request for the PH  was  presented
to the PHRB and his request was disapproved.

The AFPC/DPPPR evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Their crew was seriously shot-up over Munich,  resulting  in  the  death  of
their radio  operator  and  four  other  crew  members  being  wounded.   In
addition, he and the co-pilot were fired upon  by  Austrian  boarder  guards
while destroying critical equipment.  He notes  that  other  internees  have
received the awards he is seeking.

Applicant’s complete response is 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.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of  error  or  injustice.   We  took  notice  of  the  applicant's
complete submission in judging the merits of the  case;  however,  we  agree
with the opinions and recommendation of the  Air  Force  office  of  primary
responsibility and adopt their rationale as the  basis  for  our  conclusion
that the applicant has not  been  the  victim  of  an  error  or  injustice.
Therefore,  in  the  absence  of  evidence  to  the  contrary,  we  find  no
compelling  basis  to  recommend  granting  the  relief   sought   in   this
application.

4.  The Jubilee of Liberty Medal has not been formally presented to  the  US
Government and  is  not  recognized  as  an  official  military  decoration.
However, the Governor of the Province  of  Lower  Normandy  is  issuing  the
decoration to all the  Allied  Armies  that  participated  in  the  Normandy
invasion and the  applicant  may  obtain  it  by  writing  directly  to  the
Association De Barquement et Bataille de Normandie 1944.

________________________________________________________________

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  Docket  Number  BC-2005-02966
in Executive Session on 11 January 2006, under the  provisions  of  AFI  36-
2603:

                       Mr. Thomas S. Markiewicz, Chair
                       Mr. Wallace F. Beard, Jr., Member
                       Mr. James W. Russell, III, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 5 July 2005, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 15 Nov 05.
    Exhibit D.  Letter, SAF/MRBR, dated 2 Dec 05.
    Exhibit E.  Letter, Applicant, dated 28 Dec 05.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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