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AF | BCMR | CY2007 | BC-2006-02827
Original file (BC-2006-02827.doc) Auto-classification: Approved


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-02827

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  20 MAR 08

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect award of the Purple  Heart  Medal,
and his WD AGO Form 53-98, Military Record and  Report  of  Separation
Certificate of Service be  amended  in  Item  30,  Wound  Received  in
Action, to reflect “Yes,” rather than “None.”

_________________________________________________________________

APPLICANT CONTENDS THAT:

He should be awarded the Purple  Heart  for  the  shrapnel  wounds  he
received when his plane was shot down,  and  his  separation  document
should reflect he received his wounds in action.

In support of his appeal, the applicant  provided  documentation  from
his  military  personnel  records  and  Veterans  Administration,  and
congressional correspondence.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s available military  personnel  records  indicates  he  was
commissioned as a second lieutenant in the Army of the  United  States
(Air Corps), and entered on active duty on  1 Apr  44.   He  separated
from active duty on 23 Nov 45 in the grade of second  lieutenant.   He
was credited with 1 year, 7 months, and 23 days of active service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial indicating that to be awarded the  Purple
Heart, there must be documentation showing the applicant’s wounds were
a direct result of enemy action.  There  were  unable  to  verify  his
entitlement to the Purple Heart and the  applicant  has  not  provided
documentation to substantiate his claim.  Further, on 2  Nov  06,  the
applicant’s request for award of the Purple Heart  was  considered  by
the Purple Heart Review Board, which disapproved his request.

A complete copy of the AFPC/DPPPR evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 1 Dec
06 for review and response 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.

3.  Sufficient relevant evidence has been presented to demonstrate the
existence of error or injustice.  A review of the  available  evidence
reveals the applicant received shrapnel wounds when a plane  in  which
he was a crewmember was  shot  down  during  a  bombing  mission  over
Cologne, Germany, resulting in his capture as a prisoner of war (POW).
 Although sufficient documentation has not been presented showing that
his wounds were the direct result of enemy action, after a thorough of
the facts and  circumstances  of  this  case,  we  believe  any  doubt
regarding his entitlement to the Purple Heart should  be  resolved  in
favor of the applicant.  In view of the  foregoing,  as  well  as  the
applicant’s service and sacrifice for his country,  we  recommend  the
applicant’s records be corrected as 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:

      a.  On 22 Nov 45, he was awarded the Purple Heart  for  injuries
he received in action  against  an  enemy  of  the  United  States  in
Cologne, Germany.

      b.  His WD  AGO  Form  53-98,  Military  Record  and  Report  of
Separation Certificate  of  Service  be  amended  in  Item  30,  Wound
Received in Action, to reflect “Yes,” rather than “None.”

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2006-02827 in Executive Session on 17 Jan 07, under the provisions  of
AFI 36-2603:

      Mr. Thomas S. Markiewicz, Chair
      Ms. Karen A. Holloman, Member
      Mr. Wallace F. Beard, Jr., Member

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

     Exhibit A.  DD Form 149, dated 19 Apr 06, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPPR, dated 24 Nov 06.
     Exhibit D.  Letter, SAF/MRBR, dated 1 Dec 06.




                                   THOMAS S. MARKIEWICZ
                                   Chair



AFBCMR BC-2006-02827




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 , be corrected to show that:

            a.  On 22 November 1945, he was awarded the  Purple  Heart
for injuries he received in action against  an  enemy  of  the  United
States in Cologne, Germany.

            b.  His WD AGO Form 53-98, Military Record and  Report  of
Separation Certificate of Service be, and hereby is, amended  in  Item
30, Wounds Received in Action, to reflect “Yes,” rather than “None.”







    JOE G. LINEBERGER

    Director

    Air Force Review Boards Agency

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