RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2006-03619
            INDEX CODE:  107.00

            COUNSEL:  NONE
            HEARING DESIRED:  NO
MANDATORY CASE COMPLETION DATE:  22 MAY 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Distinguished Flying Cross  (DFC)  and  the  Purple  Heart
(PH).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was told that his crew was considered for award of the DFC.

The injury he sustained while performing a combat mission has left him  with
permanent disability and he should be awarded the Purple Heart.

In support of his application, the applicant submits a copy of  his  WD  AGO
Form 53-55, Enlisted Record and Report of Separation – Honorable  Discharge,
an eyewitness statement, his personal statement,  a  historical  account  of
the mission, and a Board of Veterans’ Appeal Order.

The applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s Enlisted Record of Report and Separation, WD AGO 53-55,  reveals
he was inducted into the Army of the United States (Air  Corps),  on  1  Jul
43, and entered active service on 15 Jul 43 as  a  radio  operator  mechanic
gunner.  He was awarded the American  Theater  Ribbon,  Air  Medal  and  the
Victory Medal.  The applicant was honorably discharged in the grade of  TSgt
on 10 Nov 45, for the Convenience of the Government (Demobilization).

On 3 Feb 06, AFPC/DPPPRA verified the applicant’s  entitlement  to  the  Air
Medal First Oak Leaf  Cluster  and  Good  Conduct  Medal  and  will  correct
applicant’s discharge certificate.

_________________________________________________________________


AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial for award of the DFC and PH.  However,  if  the
decision is to grant the relief sought, the records should be  corrected  to
show award of the PH.

DPPPR states that after a complete review of applicant’s records  they  were
unable to verify the  award  of  or  a  recommendation  for  the  DFC.   The
applicant needs to provide official documentation  (recommendation,  special
order, citation, etc…) to verify his entitlement to the DFC.

The Purple Heart is awarded for wounds or death as a result  of  an  act  of
any opposing Armed Force, as a result of an international  terrorist  attack
or  as  a  result  of  military  operations  while  serving  as  part  of  a
peacekeeping force.

The applicant’s eyewitness statement states the applicant had  hurt  himself
after the seat [in the aircraft he was flying in] was damaged.  No  official
documentation was located in the applicant’s records to verify his  incident
on 8 Mar 45.

The applicant’s package was submitted  to  the  Purple  Heart  Review  Board
(PHRB) on 5 Feb 07; for consideration.  The PHRB disapproved the request.

The DPPPR evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant provides additional information to clarify  the  actions  that
took place in the raid over Duisenberg, Germany on  8 Mar 45.  With  regards
to his injury, the applicant adds he was not in his seat at the time of  the
collision, and that his efforts to get back to his seat were  difficult  due
to the extreme evasive maneuvers necessitated by  the  plane  to  dodge  the
burning wreckage.  After about 15-20 seconds  they  were  in  the  clear  of
falling debris and he went to sit down in the area where  his  seat  usually
was, he sat down on a sharp jagged piece of pipe which normally  would  have
held his seat.  This is when he injured his back and suffered a  wound  that
bled quite a bit.  Since his movements were painful but allowed him to  walk
in a guarded manner, he asked the flight engineer not to tell  the  rest  of
the crew that he had been hurt.  He did this  for  fear  that  he  would  be
grounded from flying with his crew.  He had no difficulty  with  the  injury
until ten years later when he developed a cyst at the spot  of  his  injury.
He suffers from arthritis in this same area.

He was told that his crew was being submitted for the DFC.

Applicant's complete response is at Exhibit E.

_________________________________________________________________

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 regarding  the  applicant’s  request  to  be
awarded the Purple Heart.  In  support  of  his  contention,  the  applicant
provided a corroborated statement from a fellow crew member  confirming  his
alleged injury during the mission in Duisenberg, Germany.  It  appears  that
while serving as a radioman on a B-24 bomber,  the  applicant  sustained  an
injury as a direct result of combat operation when the bomber  on  which  he
was a crew member  was  hit  by  shrapnel  or  direct  gunfire.   The  Board
believes that this clearly satisfies  the  criteria  for  the  Purple  Heart
since the applicant’s injury was  incurred  as  a  direct  result  of  enemy
action.  In view of the foregoing and in recognition of his service  to  the
Nation, and to preclude any possibility of an injustice  to  the  applicant,
the Board recommends that he be awarded the Purple Heart.

4.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of error or injustice regarding  the  applicant’s  request  to  be
awarded the DFC.  After a thorough  review  of  the  available  records,  we
found no evidence that the applicant is eligible for the award of  the  DFC.
We note the applicant’s assertion that his crew was nominated for  the  DFC;
however, there is no official documentation to  verify  his  entitlement  to
the DFC.  Therefore, in the absence of evidence to  the  contrary,  we  find
insufficient evidence to grant this portion of the applicant’s request.

_________________________________________________________________

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  for
injuries received in action against an enemy of the United Stated  during  a
mission over Duisenberg, Germany, on 8 March 1945.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2006-
03619 in Executive Session on 15 March 2007, under the provisions of AFI 36-
2603:


      Ms. Charlene M. Bradley, Panel Chair
      Mr. Gregory A. Parker, Member
      Ms. Maureen B. Higgins, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence  pertaining  to  Docket  Number      BC-2006-03619  was
considered:

     Exhibit A.  DD Form 149, dated 31 Mar 06, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPR, dated 6 Feb 07.
     Exhibit D.  Letter, SAF/MRBR, dated 9 Feb 07.
     Exhibit E.  Letter, Applicant, dated 19 Feb 07.




                                   CHARLENE M. BRADLEY
                                   Panel Chair











































AFBCMR BC-2006-03619




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 [APPLICANT], be corrected to show that he was awarded  the
Purple Heart for injuries received in action against an enemy of the  United
Stated during a mission over Duisenberg, Germany, on 8 March 1945.





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency