RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-01284
            INDEX CODE:  107.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY COMPLETION DATE:  27 OCTOBER 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show  he  was  awarded  the  Purple  Heart  (PH)
medal.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He should have received the PH medal at the same time the five  men  in  his
unit that were wounded received it.  He did not realize  top-secret  records
had been declassified and made available.  These records prove that  he  was
wounded while on duty in Metz, France, on January 7,  1945,  when  a  German
mine exploded.   Official  records  show  that  five  men  received  the  PH
citation at that time.

He was injured by shrapnel fragments, but he did not  go  to  the  hospital.
Although he was severely bleeding, he had the wound  field  dressed  because
he had just recently been reunited with his unit for about a week due  to  a
two month stay in the hospital for a broken ankle.

In support of his request, the applicant  submits  his  personal  statement,
copies of excerpts from the book "Second to None," a letter from  a  doctor,
certified eyewitness statements, and a copy of a report excerpted  from  his
medical records.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s service  records  were  damaged  by  fire  in  1973  at  the
National Personnel  Records  Center,  St.  Louis,  MO.   As  a  result,  the
following is the  only  known  information  pertaining  to  the  applicant’s
service and was extracted from the partially reconstructed record  and  from
documents provided by the applicant.

On 10 Aug 42, the applicant was inducted into the Army Air  Force  where  he
performed duties as  an  Airplane  Crew  Chief.   The  applicant  served  an
overseas tour in the European Theater of Operations (ETO) from 8 Jan  44  to
11 Oct 45.  He participated in the Air Offensive Europe,  Ardennes,  Central
Europe, Normandy,  and  Northern  France  battles  and  campaigns.   He  was
awarded the Bronze Star Medal (BSM), the  Distinguished  Unit  Badge  (DUB),
and the European-African-Middle Eastern Service Medal (EAMES).   On  22  Oct
45, the applicant was honorably discharged from active duty service  in  the
grade of Staff Sergeant for convenience of  the  government.   He  served  1
year, 4 months and 11 days of continental service and 1 year, 9  months  and
18 days of Foreign Service.

Item 34, Wounds Received in Action, on his discharge certificates  indicates
"None."

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR recommends denial.  DPPPR states  to  be  awarded  the  PH,  a
member must provide documentation to support he  was  wounded  as  a  direct
result of enemy action.  Indirect injuries do  not  meet  the  PH  criteria.
Indirect injuries include  but  are  not  limited  to,  diseases,  exposure,
injuries received while seeking  shelter  from  mortar  or  rocket  attacks,
aircraft bombings, grenades, and  injuries  incurred  while  serving  as  an
aircraft member or in a passenger status, as  a  result  of  the  aircraft's
evasive measures against hostile fire.

DPPPR notes the incident was declared  an  accident  and  not  as  a  direct
result of enemy action.  Both the document and  book  excerpt  submitted  by
the applicant state the incident that occurred was an accident.

DPPPR concludes the applicant's package  was  reviewed  and  denied  by  the
Purple Heart Review Board on 4 Jun 07.

The complete DPPPR evaluation is at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his response dated 19 Jul 07, the applicant disagrees with  the  findings
of the Air Force evaluation, and resubmits documentation included  with  his
initial application.

The applicant's complete submission 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 warranting the award  of  the  Purple  Heart
medal.  The applicant has provided evidence that he was  physically  present
at the  time  of  the  incident  and  the  medical  documentation  submitted
confirms forehead scarring consistent with a shrapnel injury.  In  addition,
the incident was corroborated by a retired Lieutenant General  who  was  the
Fighter Group Ops officer at the time of the occurrence.   In  view  of  the
foregoing and in recognition of  his  service  to  the  nation,  it  is  our
opinion that the request  should  be  resolved  in  the  applicant's  favor.
Therefore, we recommend that his records be corrected as indicated below.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The pertinent military  records  of  the  Department  of  the  Air  Force
relating to the APPLICANT be corrected to show that he  was  awarded  the
Purple Heart for injuries received in action  against  an  enemy  of  the
United States while on duty in Metz, France when a German  mine  exploded
on 7 January 1945.
_________________________________________________________________

The  following  members  of  the  Board  considered  AFBCMR  2007-01284   in
Executive Session on 9 Aug 07 and 12 Dec 07, under the provisions of AFI 36-
2603:

                       Mr. Michael K. Gallogly, Panel Chair
                       Ms. Teri Spoutz., Member
                       Mr. Lance E. Lineberger, Member

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

      Exhibit A. DD Form 149, 18 Apr 07, w/atchs.
      Exhibit B. Applicant's Available Master Personnel Records.
      Exhibit C. Letter, HQ AFPC/DPPPR, dated 15 Jun 07.
      Exhibit D. Letter, SAF/MRBR, dated 3 Jul 07.
      Exhibit E. Letter, Applicant's Response, dated 19 Jul 07.



                             MICHAEL K. GALLOGLY
                             Panel Chair






AFBCMR BC-2007-01284


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 States while on duty in Metz, France when a German mine exploded
on 7 January 1945.




            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency