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AF | BCMR | CY2006 | BC-2006-02265
Original file (BC-2006-02265.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-02265
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His record be changed to show he was awarded the  Purple  Heart  Medal
(PHM) for injuries he received to his knees when he was shot  down  on
22 April 1945.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was a Ball Turret Gunner on a bomber during World  War  II  (WWII).
He was on his 21st bombing mission when the aircraft was badly damaged
during their third attempt to bomb their targets.  As their bombs were
dropped, he felt pellets hitting his knees and the order was given  to
bail out.  He did so and strained his right  ankle  on  landing.   The
Tail Gunner and  the  Waist  Gunner  were  both  shot  and  killed  by
civilians on the ground.  He was captured  and  beaten  by  a  mob  of
civilians and suffered broken ribs as a result.  He passed out due  to
a blow he received to  his  head.   Upon  regaining  consciousness  he
realized he was being prepared to be shot when the  (German)  military
arrived and took him prisoner.  He was forced to walk  while  dragging
his parachute to the next town and was told if he  fell  he  would  be
shot.  The Germans questioned him in English  but  he  answered  their
questions in Spanish.  He has not worked since 1974  and  was  put  on
disability at a young age by the Veteran’s Administration  as  he  was
considered a prisoner of war (POW).

In support of his  appeal,  the  applicant  has  provided  a  personal
statement and copies of his pay record, medical documentation, and his
WG ADO Form 53-55, Honorable Discharge.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant served in the Army Air Corps during WWII  from  22 April
1944 to 22 February 1946.  While his military records were  burned  in
the 1973 fire at the National Personnel Records Center  (NPRC),  there
is a limited  reconstruction  of  his  records  available.   The  Army
Repatriation and Family Affairs Division  provided  a  POW  list  that
included his name as a POW from 17 April 1945 to 29 April  1945.   His
records are currently being changed to reflect his POW status.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial.  DPPPR stated his request for  award  of
the PHM was forwarded to the PH Review Board (PHRB) and on  10 October
2006, the PHRB disapproved the award based  on  no  documentation  for
treatment of injuries as a result of enemy  action  or  no  eyewitness
statements to verify injuries submitted.  DPPPR notes  they  requested
the applicant provide additional information, which would substantiate
his claim, but he did not respond  to  their  request.   There  is  no
evidence in his reconstructed limited military records to  support  he
was injured as a direct result of enemy action.

DPPPR’s complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
20 October 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 (OPR) and adopt its rationale as  the
basis for our conclusion that the applicant has not been the victim of
an error or injustice.  The OPR asked the applicant to provide further
evidence to substantiate his claim to the PHM and  the  applicant  did
not respond.  Should he respond with evidence of treatment of injuries
to his knees or ankle as a result of enemy action, we would reconsider
his application.   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-
2006-02265 in  Executive  Session  on  29  November  2006,  under  the
provisions of AFI 36-2603:

      Mr. Michael K. Gallogly, Panel Chair
      Ms. Janet I. Hassan, Member
      Mr. Richard K. Hartley, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 5 Jun 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPPR, dated 11 Oct 06.
    Exhibit D.  Letter, SAF/MRBR, dated 20 Oct 06.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair

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