RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-01849
                       INDEX CODE:  107.00
                       COUNSEL:  TENNESSE DVA

                       HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  20 AUGUST 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect award of  the  Purple  Heart  (PH)
Medal, Soldier’s Medal (SM), Philippine Liberation Medal (PLR) and the
Presidential Unit Citation (PUC).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He believes he is entitled to the PH due to injuries he sustained in a
plane crash in 1945.  He further believes he should be awarded the PLR
because he was on duty there before the war ended.  He also  feels  he
should receive the PUC  for  his  assignment  with  the  12th  Fighter
Squadron.  In addition he believes he is  entitled  to  the  Soldier’s
Medal for saving a fellow servicemember’s life.

In support of his application, applicant provided a statement,  letter
from  commander,  Special  Order  Number  37,   Honorable   Discharge,
Appointment Letter from Veterans Affairs.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s records reflect he served on active duty  in  the  Air
Corps (AC) of the Army of the United States (AUS) from 10 August  1943
through 10 March 1946.

The applicant’s Enlisted Record and  Report  of  Separation  Honorable
Discharge reflects he was awarded the World  War  II  Victory  Ribbon,
Good Conduct Medal, American Theater Ribbon and  the  Asiatic  Pacific
Theater Ribbon.

The applicant’s WD AGO Form  24A,  Service  Record,  Section  8-Wounds
Received Through Enemy Action does not list any injuries as  a  result
of enemy action.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR recommends the requested relief be denied.  DPPPR states
the SM is awarded to servicemembers of the Armed Forces of the  United
States while serving in any capacity with the  U.S.  Army.   The  Army
retained the authority to act on and process  all  recommendations  of
decorations (except the Distinguished Flying Cross (DFC) and Air Medal
(AM) prior to 1 July 1948 for Army and Air Force personnel who  served
during World War II.

In order for a servicemember to be awarded the  PH,  he  must  provide
documentation to support he was wounded 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 or against hostile fire.

The PLR  is  awarded  for  participation  in  the  liberation  of  the
Philippines  from  17  October  1944  to  3  September  1945,  if  the
servicemember did  the  following  (1)  Participated  in  the  initial
landing operations on Leyte or adjoining islands from 17 October  1944
to  20  October  1944.   Servicemembers   are   considered   to   have
participated in such  operations  if  they  landed  on  Leyte  or  the
adjoining islands, were on a ship in the waters of the Philippines, or
a crew member of an airplane that  flew  over  Philippine  territories
during the  period  indicated.   (2) Participated  in  any  engagement
against enemy forces during the campaign on Leyte  and  the  adjoining
islands.  Servicmembers are considered to have  participated  in  such
operations if they were  assigned  to  ground,  naval,  or  air  units
actually under enemy attack.  (3)Served in the Philippines Islands  or
abroad ships in the waters of the Philippines for at least 30 calendar
days during the time period indicated above.

The applicant’s records indicate he was in the Philippines  after  the
inclusive awarding period and therefore is not eligible for the PLR.

The  12th  Fighter  Squadron  was  awarded  the  PUC  for  the  period
7 December 1941 to 10 May 1942.  The applicant  was  assigned  to  the
12th Fighter Squadron after the inclusive awarding period.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  18
August 2006, for review and response.  As of this  date,  no  response
has been received by this office.

On 6 September  2006,  the  Board  staff  forwarded  the  applicant  a
corrected copy  of  the  Air  Force  evaluation  for  his  review  and
response.  As of this date, the applicant has not  responded  (Exhibit
D).

_________________________________________________________________

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 an error or an injustice.   We  took  notice  of  the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the opinion and the recommendation of  the  Air
Force and adopt its rationale as the basis for our conclusion that the
applicant has not been the victim of an error or  an  injustice.   The
applicant is requesting award  of  the  SM,  PH,  PLR  and  PUC.   The
documentation provided by the applicant and his  military  records  do
not substantiate he met  the  criteria  or  was  recommended  for  the
aforementioned awards.  Unfortunately, without official  documentation
the applicant met the criteria or was recommended for the awards,  his
entitlement to these awards cannot be  verified.   While  we  are  not
unmindful or unappreciative of the applicant’s service to his  Nation,
in the absence  of  evidence  substantiating  the  applicant  met  the
criteria or was recommended for the awards in  question,  we  find  no
compelling basis to recommend  granting  the  relief  sought  in  this
application.

4.    Notwithstanding  the  above,  we  are  inclined  to  afford  the
applicant favorable relief regarding his act of heroism in saving  the
lives of fellow crewmembers from a burning aircraft.  In this respect,
the Board believes the applicant has provided sufficient  evidence  to
be awarded the Airman’s Medal for his  actions  on  24 February  1945.
Therefore, we recommend his records be corrected  to  the  extent  set
forth below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that on 1  July  1945,  he
was awarded the Airman’s Medal, for his act of heroism in  saving  the
lives of fellow crewmembers from a burning aircraft at Chatham  Field,
Georgia on 24 February 1945.

_________________________________________________________________

The following members of  the  Board  this  application  in  Executive
Session on 25 October 2006, under the provisions of AFI 36-2603:

                       Ms. Kathleen F. Graham, Panel Chair
                       Mr. Gary G. Sauner, Member
                       Mr. Gregory A. Parker, Member

The following documentary evidence pertaining to AFBCMR Docket  Number
BC-2006-01849 was considered:

      Exhibit A. DD Form 149, dated 7 June 06, w/atchs.
      Exhibit B. Available Military Personnel Records.
      Exhibit C. Letter, HQ AFPC/DPPPR, 6 Sep 06.
      Exhibit D. Letter, SAF/MRBR, dated 6 Sep 06.




                             KATHLEEN F. GRAHAM
                             Panel Chair






AFBCMR BC-2006-01849




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           , be corrected to show that on 1 July 1945,
he was awarded the Airman’s Medal, for his act of heroism in saving
the lives of fellow crewmembers from a burning aircraft at Chatham
Field, Georgia 24 February 1945.




                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency