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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