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AF | BCMR | CY2006 | BC-2006-00216
Original file (BC-2006-00216.doc) Auto-classification: Approved

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-00216
                       INDEX CODE:  107.00
                       COUNSEL:  NONE

                       HEARING DESIRED:  NOT INDICATED

MANDATORY CASE COMPLETION DATE:  24 JUL 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

On 24 August 1944, while on a mission to Weimar,  Germany,  they  were
attacked by a squadron of ME 109s.  He further believes he is entitled
to receive the PH, because his fellow  crewmembers  were  wounded  and
awarded the PH.

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

_________________________________________________________________

STATEMENT OF FACTS:

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

The applicant’s WD AGO 53-55, Enlisted Record and Report of Separation
Honorable Discharge reflects the applicant enlisted in  the  Army  Air
Corps on 25 July 1942.

His records further reflect he was awarded the Air  Medal  with  three
Oak Leaf Clusters (OLCs), two  Overseas  Bars-Central  Europe-Ardennes
and three Bronze Stars-Western Europe, Northern  France  and  Germany.
The applicant’s records also reflect he served an overseas  tour  from
July 1944 to July 1945.

The applicant’s Enlisted Record and  Report  of  Separation  Honorable
Discharge, Item 34 reflects the applicant did not receive  any  wounds
while in action.

On 25 September 1945, the applicant was honorably  discharged  in  the
grade of staff sergeant.  He served three years, two months of  active
duty service.

The applicant submitted a request via Senator Thomas’  office  seeking
assistance with his request for award of the PH.  The Board  staff  in
response to the  congressional  inquiry  provided  status  information
regarding the applicant’s request to the Senator.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR states to  be  awarded  the  PH,  a  servicemember  must
provide documentation to support he was injured as a direct result  of
enemy action and must  have  received  medical  treatment  by  medical
personnel.  Indirect injuries do not meet the PH  criteria.   Indirect
injuries include but are not limited to, diseases, exposure,  injuries
received while seeking shelter from mortar or rocket attacks, aircraft
bombings, grenades, and injuries incurred while serving as an aircraft
member or in a passenger status as a result of the aircraft’s  evasive
measures against hostile fire.  On 23 February 2006, the Purple  Heart
Review Board (PHRB) reviewed and denied the  applicant’s  request  for
award of the PH.  The PHRB  determined  the  applicant  did  not  have
sufficient medical documentation to support his  request.   Therefore,
HQ AFPC/DPPPR recommends 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 in seeking assistance with his application for award  of
the PH submitted additional documentation  via  Congresswoman  Cubin’s
office (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  warranting  awarding  the
applicant the Purple Heart medal.  After reviewing  the  documentation
submitted, we believe, the applicant has provided sufficient  evidence
to support award of the Purple Heart.  The applicant provided with his
request  newspaper  articles  and  a  statement  from  an   eyewitness
attesting that he was involved and injured in an aerial combat mission
over Weimar, Germany in August 1944.  In view of the circumstances  of
this case, and the limited personnel records, the Board  believes  any
doubt in this matter should be resolved in the favor of the applicant.
 Therefore, the Board recommends that he be awarded the Purple Heart.

_________________________________________________________________

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 an aerial combat mission  over  Weimar,  Germany  on  24
August 1944.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2006-00216 in Executive Session on 6 April 2006, under the  provisions
of AFI 36-2603:

                       Mr. James W. Russell III, Panel Chair
                       Mr. James L. Sommer, Member
                       Ms. Barbara R. Murray, Member

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

      Exhibit A. DD Form 149, dated 13 Jan 06, w/atchs.
      Exhibit B. Reconstructed Military Personnel Records.
      Exhibit C. Letter, HQ AFPC/DPPPR, dated 24 Feb 06.
      Exhibit D. Letter, SAF/MRBR, dated 3 Mar 06.
      Exhibit E. Letter, Congresswoman Barbara Cubin, dated
                       13 Mar 06, w/atchs




                             JAMES W. RUSSELL III
                             Panel Chair






AFBCMR BC-2006-00216



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 an aerial combat mission over Weimar, Germany on
24 August 1944.




                             JOE G. LINEBERGER
                             Director
                             Air Force Review Boards Agency

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