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AF | BCMR | CY2006 | BC-2005-01990
Original file (BC-2005-01990.doc) Auto-classification: Approved

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01990
            INDEX CODE:  107.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY COMPLETION DATE:  24 OCTOBER 2006

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show he was awarded the Purple Heart (PH).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was actively involved in World War II and the Korean War.  His plane  was
shot down in combat.  Approximately 200 of his  comrades  died.   His  plane
crash landed on a farm house and he was captured and taken to  prison  where
he did not receive the care he needed.  His leg was splintered  and  wrapped
with cloth, but it never healed the way it could have  if  he  had  received
proper treatment.

He is 86 years old now and would like to  have  the  Purple  Heart  to  pass
along to his future family members for them to remember him.
In  support  of  his  application,  the  applicant  submits   his   personal
statement, a statement from his spouse, and an  excerpt  from  an  anthology
written by members of his unit.

The applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was inducted into the Army of the United States on  2  October
1942 and called to active duty on 16 October 1942 at the  age  of  23.   His
records indicate he was held as a prisoner of war (POW) in  Germany  from  9
September 1944 to 26 April 1945.

On 30 November 1963, the applicant was  retired  from  active  duty  in  the
grade of senior master sergeant  (E-8).   Applicant  was  credited  with  20
years, 1 month and 17 days of active duty service.

His separation document  indicates  he  was  awarded  the  National  Defense
Service, the United Nations Service Medal,  the  Korean  Service  Medal  w/1
Bronze Star, the Army of Occupation Medal (Japan), the  Army  of  Occupation
Medal  (Germany)  w/Berlin  Airlift  Device,   the   European-African-Middle
Eastern Campaign Medal w/1 Silver Star, the  Air  Medal  w/1  OLC,  the  Air
Force Outstanding Unit Award w/1 OLC, the Air Force Longevity Service  Award
w/5 Bronze OLC, the Good Conduct Medal w/5 Bronze  Loops,  the  Prisoner  of
War Medal, the American Campaign Medal, the World War II Victory Medal,  and
the Medal for Humane Action.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR recommends denial.  DPPPR states  to  be  awarded  the  PH,  a
member must provide documentation to support he  was  wounded  as  a  direct
result of enemy action and must have received medical treatment  by  medical
personnel.  DPPPR notes the applicant’s  comments  reflect  his  injury  was
sustained as a result of enemy action; however, the supporting  document  he
submitted was from a book which cannot be  used  as  criteria  for  the  PH.
Additionally, the applicant’s report of separation reflects  “None”  in  the
wounds received in action area.

DPPPR’s evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In an undated response, the applicant provided names  of  other  crewmembers
that were in the plane when it crashed, and  his  detailed  account  of  the
events following the mishap.  It  appears  the  statement  was  written  and
signed by the applicant’s spouse who indicated the applicant has suffered  a
stroke (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 probable error or injustice warranting the award of the  Purple
Heart medal.  After reviewing the  supporting  documentation  submitted,  we
are persuaded that the applicant did, in fact, meet  the  criteria  for  the
award of the Purple Heart for injuries  sustained  as  a  direct  result  of
enemy action.  The applicant’s leg was injured when his plane was shot  down
while on a flying combat mission.  The absence of  any  information  in  the
existing  records  pertaining  to  the  treatment  of  his  injury  is   not
surprising in view of his almost eight-month absence from  military  control
while he was in Prisoner of War (POW) status.  In view of the foregoing  and
in recognition of his service to the nation, it  is  our  opinion  that  any
doubt should be resolved in the applicant's favor.  Therefore, we  recommend
that his records be corrected as indicated below.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The pertinent military records of the Department of the Air  Force  relating
to the APPLICANT be corrected to show that he was awarded the  Purple  Heart
for injuries received in action  against  an  enemy  of  the  United  States
during a mission over Dusseldorf, Germany on 9 September 1944.

_________________________________________________________________

The  following  members  of  the  Board  considered  AFBCMR  2005-01990   in
Executive Session on 9 February 2006, under the provisions of AFI 36-2603:

                       Ms. Cathlynn B. Sparks, Panel Chair
                       Mr. August Doddato., Member
                       Mr. Lance E. Lineberger, Member

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

      Exhibit A. DD Form 149, 15 Jun 05, w/atchs.
      Exhibit B. Applicant's Available Master Personnel Records.
      Exhibit C. Letter, HQ AFPC/DPPPR, dated 18 Jul 05.
      Exhibit D. Letter, SAF/MRBR, dated 22 Jul 05.
      Exhibit E. Applicant's Response.




                             CATHLYNN B. SPARKS
                             Panel Chair





AFBCMR BC-2005-01990


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 he was awarded the
Purple Heart for injuries received in action against an enemy of the
United States during a mission over Dusseldorf, Germany on 9 September
1944.




            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency


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