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AF | BCMR | CY2006 | BC-2005-02796
Original file (BC-2005-02796.doc) Auto-classification: Approved

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02796
                       INDEX CODE:  107.00
                       COUNSEL:  NONE

                       HEARING DESIRED:  NOT INDICATED

MANDATORY CASE COMPLETION DATE:  13 MAR 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

His back was injured by shrapnel during a Japanese air raid at Nadzab,
New Guinea on 6 November 1943.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s military records were destroyed in the  1973  fire  at
the National Personnel Records Center (NPRC).

The available military records reflect the applicant enlisted  in  the
Army Air Corps on 19 December 1941.

His records further reflect he was awarded the Asiatic Pacific Service
Medal, Distinguished Unit Badge, and the Good Conduct Medal (GCM).

The applicant’s WD AGO Form  53-33,  Enlisted  Record  and  Report  of
Separation Honorable Discharge, Item 34 reflects he  did  not  receive
any wounds while in action.

On 28 September 1945, the applicant was honorably  discharged  in  the
grade of staff sergeant.  He served three years, ten months  and  nine
days of active duty service.

The applicant provided an e-mail statement  from  Mr.  H.  R.  stating
there was a Japanese air raid on 6 November 1943 and two men died  and
that he and the applicant were wounded.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR states the applicant provided  an  eyewitness  statement
via email from one of his crewmembers that stated  the  applicant  was
injured; however, the witness statement did  not  provide  a  detailed
account of the  injury.   They  requested  the  witness  to  submit  a
detailed account of the  incident,  but  he  did  not  respond.   They
further state the  Purple  Heart  Review  Board  (PHRB)  reviewed  the
applicant’s request on 11 January 2006  and  recommended  disapproval.
Therefore, they recommend  the  applicant’s  request  for  the  PH  be
denied.

A complete copy of the Air Force evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force  evaluation  and  states  he  has
provided eyewitness testimony to support his request for award of  the
PH.

He also stated he believes the wound was not documented on his records
because at the time of separation he was told that if he did not  file
an injury claim he would be able to separate from active duty in a few
days, but if he filed a claim it would take three weeks before he  was
released.

He further indicates that  his  malaria,  typhus  and  other  tropical
conditions were not listed on his records.

His 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.    Sufficient relevant evidence has been presented  to  demonstrate
the existence of  an  error  or  injustice  to  warrant  awarding  the
applicant  the  Purple  Heart  medal.    We  are  persuaded   by   the
applicant’s  assertions  concerning  his  injury  and  the  eyewitness
statement he has provided by a knowledgeable individual  that  he  did
sustain wounds as a direct result of enemy action  during  a  Japanese
air raid on 6 November 1943.   We  do  not  find  it  unreasonable  to
believe his contention that he was treated for  his  wound  after  the
raid and the absence of any information  pertaining  to  the  asserted
wound from his military records  is  not  surprising  due  to  chaotic
conditions that were common during air raid attacks.  In view  of  the
above and in recognition of his service  to  his  Nation,  it  is  our
opinion the benefit of any doubt should  be  resolved  in  his  favor.
Therefore, we recommend his records 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  he  was  awarded  the
Purple Heart Medal for injuries sustained as a direct result of  enemy
action during a Japanese air raid on 6 November 1943  at  Nadzab,  New
Guinea.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2005-02796 in Executive Session on 23 March 2006, under the provisions
of AFI 36-2603:

                       Mr. Michael J. Maglio, Panel Chair
                       Ms. Jan Mulligan, Member
                       Mr. Michael J. Novel, Member

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

      Exhibit A. DD Form 149, dated 13 Ju1 05, w/atchs.
      Exhibit B. Reconstructed Military Personnel Records.
      Exhibit C. Letter, HQ AFPC/DPPPR, dated 24 Jan 06.
      Exhibit D. Letter, SAF/MRBR, dated 27 Jan 06.
      Exhibit E. Letter, Applicant, undated.




                             MICHAEL J. MAGLIO
                             Panel Chair





AFBCMR BC-2005-02796



MEMORANDUM FOR THE CHIEF OF STAFF

      Having reviewed 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         , be corrected to show that he was awarded
the Purple Heart Medal for injuries sustained as a direct result of
enemy action during a Japanese air raid on 6 November 1943 at Nadzab,
New Guinea.




                             JOE G. LINEBERGER
                             Director
                             Air Force Review Boards Agency

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