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AF | BCMR | CY2007 | BC 2007 03522
Original file (BC 2007 03522.txt) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-03522
		INDEX CODE:  107.00

	XXXXXXX XX	COUNSEL:  NONE

		HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) Medal due to injuries sustained 
during World War II (WWII).

___________________________________________________________________

APPLICANT CONTENDS THAT:

During WWII, on 8 Mar 44, he was on a daylight mission to Berlin, 
Germany, when his B-17 bomber came under fire and two of the four 
engines were disabled; fire broke out, and the crew had to bail 
out.  The shock from his parachute opening fractured his pelvis and 
as soon as he landed he was captured and spent 14 months as a 
Prisoner of War (POW).

During the last three months of his incarceration, he was on a 
forced march, living off the land.  They were chained in pairs to 
fellow POWs and forced to march under threat of German bayonet and 
rifle butt.  

Upon his return stateside, he was given a medical exam.  He 
informed the doctor of his leg and lower back pain.  However, no x-
rays were taken and the doctor did not enter any complaints of his 
pain or fractured pelvis in his medical records.  After his 
discharge, he went through a medical evaluation at the Department 
of Veterans Affairs (DVA), which indicated a fractured pelvis.  
When asked what happened, he stated the injury was the result of 
the forced bailout from the burning B-17.

In support of his appeal, applicant provided a personal statement, 
along with an inquiry to his member of congress.

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

___________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Army Air Corps on 15 Dec 42.  He was 
progressively promoted to the grade of Technical Sergeant.  

On 7 Nov 45, applicant was honorably discharged and credited with 
2 years, 10 months, and 23 days of active duty, including 1 year, 
5 months, and 29 days of foreign service.  

He was awarded the American Theater Medal, European-African-Middle 
Eastern Medal, with One Silver Battle Star; Good Conduct Medal; Air 
Medal, with One Bronze Oak Leaf Cluster, and the Victory Medal.

On 5 Mar 08, applicant’s record was administratively corrected to 
include award of the Prisoner of War Medal, for the period of 
8 Mar – 6 May 45, while a POW in Germany.  

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPSIDR reviewed this application and recommended denial, 
stating, in part, that the applicant’s request for the PH was 
considered and denied by the Purple Heart Review Board (PHRB).  

To be awarded the PH, there must be documentation (detailed 
account, eyewitness statements, and medical documentation) to show 
the wounds were a direct result of enemy action.

HQ AFPC/DPSIDR’s complete evaluation, with attachments, is at 
Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant 
on 28 Mar 08 for review and comment within 30 days.  As of this 
date, no response has been received by this office (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.

4.  Sufficient relevant evidence has been presented to demonstrate 
the existence of error or injustice.  The evidence before us 
indicates that on 8 March 1944, while on a bombing mission in 
Germany, the applicant received injuries to his back; resulting 
from the shock he received from the parachute opening, after two of 
the four engines went out on the B-17, when it came under fire from 
enemy forces, subsequently resulting in his capture and 
imprisonment for 14 months.  The Board particularly notes the 
applicant was a POW, who was in captivity at STALAG IV, and was 
forced to march during the infamous “Death March,” in 1944.  This 
time period has been known for the ill treatment of POWs.  
Therefore, after a thorough review of the applicant’s complete 
submission and based on his time spent in German captivity, we 
recommend he be awarded the Purple Heart.  We considered the 
comments by the office of primary responsibility; nonetheless, 
after considering all the evidence presented, we are convinced the 
injuries he sustained were a direct result of enemy action.  
Therefore, in recognition of his service to the Nation during a 
period of national emergency and to preclude any possibility of an 
injustice to the applicant, we recommend his record be corrected to 
the extent indicated below.

___________________________________________________________________

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 he received in action against an 
enemy of the United States during a mission in March 1944.

___________________________________________________________________

The following members of the Board considered AFBCMR Docket Number 
BC-2007-03522 in Executive Session on 12 June 2008, under the 
provisions of AFI 36-2603:

Ms. XXXXXXXXXXXXXXX, Panel Chair
Mr. XXXXXXXXXXXXXXXX, Member
Mrs. XXXXXXXXXXXXXX, Member

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

     Exhibit A.  DD Form 149, dated 22 Nov 05, w/atchs
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ AFPC/DPSIDR, dated 4 Mar 08.
     Exhibit D.  Letter, SAF/MRBR, dated 5 Mar 08.




                                   XXXXXXXXXXXXXXXX
                                   Panel Chair





AFBCMR BC-2007-03522




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 to 
XXXXXXXXXX., XXXXXXX, be corrected to show that he was awarded the Purple Heart Medal 
for injuries he received in action against an enemy of the United States during a mission in March 
1944.







		XXXXXXXXXXXXXXXXXXX
		Director
		Air Force Review Boards Agency



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