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AF | BCMR | CY2006 | BC-2005-03520
Original file (BC-2005-03520.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-03520
            INDEX CODE:  107.00

            COUNSEL:  American Legion

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His record be corrected to show he was a Prisoner of War (POW)  during
World War II (WWII) and that he be  awarded  the  Purple  Heart  Medal
(PHM) for being wounded during an air mission on 16 July 1944.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was wounded on 16 July 1944 when his aircraft was  shot  down  over
Munich, Germany.  Two crewmembers were killed in the crash  while  the
Germans took him and the remaining crew prisoner.  He was  held  as  a
POW until 1 May 1945.

In support of his appeal, the applicant has provided  copies  of  crew
lists, information from the Jackson  County  Department  of  Veteran’s
Affairs, his honorable discharge papers, several  documents  regarding
his Missing in Action (MIA) and POW status, and an AAF Form 5,  flight
record.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant began his military service with the Army Air Force (AAF)  on
14 October 1942.  After training, he served on  a  B-17  bomber  as  a
Radio Operator and Mechanized Gunner.  He was  progressively  promoted
to the grade of technical sergeant and on 21 May  1944,  he  left  the
United States to participate in several air campaigns in the  European
Theater  of  Operations  including  Northern  and   Southern   France,
Normandy, Rhineland and the Air Offensive, Europe.  On 16  July  1944,
while participating in a bombing run over Munich, Germany,  his  plane
was shot down.  He was captured that same  day  and  remained  in  POW
status until 7 May 1945.  He arrived back in the United States  on  11
Jun 1945.  He was demobilized effective 15  Dec  1945  and  issued  an
Honorable Discharge certificate after having served for 3 years and 14
days.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR recommends denial regarding his request for award of the
PHM.  DPPPR states after a complete review of  his  official  military
record they were not able to verify his entitlement to the PHM.  DPPPR
notes several  documents  in  his  official  record  indicate  several
different  knee  incidents  during  his  active  duty  service   time.
Alternatively, however, DPPPR states they were not able  to  find  any
documentation to verify a knee injury during the  time  the  applicant
claims he was injured.

DPPPR’s complete evaluation is at Exhibit C.

ADDITIONAL AIR FORCE EVALUATION:

HQ AFPC/DPFC has verified his status as a WWII POW and  has  requested
his record be corrected to reflect such.

DPPPR’s complete evaluation, with attachments, is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
17 February 2006 for review and comment within 30 days.   As  of  this
date, this office has received no response.

_________________________________________________________________

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 opinion and recommendation of the Air Force
office of primary responsibility and adopt its rationale as the  basis
for our conclusion that the applicant has not been the  victim  of  an
error or injustice.  The appropriate office of primary  responsibility
has determined he was a POW and his record has  been  administratively
corrected to reflect  such.   The  personal  sacrifice  the  applicant
endured for his country is noted and our decision in no way diminishes
the high  regard  we  have  for  his  service;  however,  insufficient
documentary evidence has been presented to warrant  awarding  him  the
Purple Heart.  Therefore, in the absence of evidence to the  contrary,
we find no compelling basis to recommend granting the relief sought in
this application.

_________________________________________________________________

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 AFBCMR Docket Number BC-
2005-03520 in Executive Session on 28 March 2006, under the provisions
of AFI 36-2603:

      Mr. Jay H. Jordan, Panel Chair
      Ms. Renee M. Collier, Member
      Ms. Josephine L. Davis, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 4 May 2004, w/atchs.
    Exhibit B.  Letter, AFPC/DPPPR, undated.
    Exhibit C.  Letter, AFPC/DPFC, dated 12 Jan 06, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 17 Feb 06.




                                   JAY H. JORDAN
                                   Panel Chair

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