RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-01668
            INDEX CODE:  107.00

      XXXXXXX    COUNSEL:  NONE

            HEARING DESIRED: NO


MANDATORY CASE COMPLETION DATE:  28 NOV 2008


___________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Combat Action Badge (CAB), the Purple Heart  (PH)
Medal, and any other awards he might be eligible  for  his  service
during World War II.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He was entitled to and offered the Purple Heart Medal  after  enemy
action from 28 – 30 December 1944.  He was a truck driver for a  US
Army Quartermaster Truck Company, assigned to the  5th  Air  Force.
While  serving  on  the  LST-750,  leaving   the   Philippines   in
December 1944,  they  encountered  enemy  attacks  with  torpedoes,
gunfire, and kamikaze, causing the applicant’s ship to  sink.   All
members were ordered to abandon ship; he floated,  hanging  onto  a
life raft, while being  strafed  by  Japanese  plane  gunfire.   He
suffered a concussion, received injuries to the  head,  knees,  and
back.  Applicant has had back and knee  problems  ever  since,  and
believes he should be eligible for the PH.

He believes  his  combat  service  in  the  Philippines  meets  the
criteria to be awarded the CAB.

In support of his appeal, applicant submitted a personal statement;
a letter from his daughter, and a comrade from his unit; copies  of
declassified documents and other supporting documents.

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

___________________________________________________________________

STATEMENT OF FACTS:

Applicant was inducted in the Army Air Force on 4 March  1943.   He
was progressively promoted to the grade of private first class.  He
was honorably discharged on  17  January  1946  and  credited  with
2 years, 10 months, and  11  days  of  active  duty  service,  with
2 months and 4 days of foreign service.

Applicant’s WD AGO  Form  53-55,  Enlisted  Record  and  Report  of
Separation, Honorable Discharge, reflects award of the Good Conduct
Medal, Victory Medal,  Asiatic  Pacific  Theater  Campaign  Ribbon,
Philippines Liberation Ribbon, with Bronze Service Star.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPSO reviewed  this  application  and  recommended  denial,
stating, in part, the Army CAB may be awarded to any soldier  after
the date of 18 September 2001 who performed duties in an area where
hostile fire pay or imminent  danger  pay  is  authorized,  who  is
personally present and actively engaging or engaged by  the  enemy,
and performing satisfactorily in  accordance  with  the  prescribed
rules of engagement.

HQ AFPC/DPSO’s complete evaluation is at Exhibit C.

HQ AFPC/DPPPR reviewed the applicant’s request and recommended deny
for award of the Purple Heart Medal.

To be awarded the  PH,  a  member  must  provide  documentation  to
support he was wounded as  a  result  of  enemy  action.   Indirect
injuries do not meet the PH criteria.   Indirect  injuries  include
but are not limited to, disease, 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.  In addition, it is  necessary  that
the  wound  required  or  received  medical  treatment  by  medical
personnel.  Not all service-connected  conditions  were  caused  by
enemy action.

According to the Department of Veterans Affairs (DVA) documentation
states, “A review of the applicant’s service  record  was  negative
for any complaints of or treatment for headaches,  concussion,  low
back strain, right knee condition.  The provided witness  statement
does not detail what injuries the applicant  received.   DPPPR  was
unable to verify applicant being injured by  direct  enemy  action.
No additional award entitlements were located  in  the  applicant’s
record.

HQ AFPC/DPPPR’s complete evaluation is at Exhibit D.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant
on 17 August 2007 for review and comment within  30  days.   As  of
this date, no response has been received by  this  office  (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.  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, in respect to the applicant’s request for the Combat
Action  Badge,  we  found  no  evidence  the  applicant  meets  the
eligibility for the Combat Action Badge.

4.  Sufficient relevant evidence has been presented to  demonstrate
the existence of  error  or  injustice.   The  evidence  before  us
indicates that in December 1944, the applicant received injuries to
the head, knees, and back when his ship encountered an enemy attack
while leaving the coast  of  the  Philippines.   After  a  thorough
review of the applicant’s complete submission, including  a  letter
from a fellow comrade, submitted in his behalf, the majority of the
Board is persuaded he should  be  awarded  the  Purple  Heart.   We
considered the comments by the office  of  primary  responsibility;
nonetheless, after considering  all  the  evidence  presented,  the
majority of the Board is 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,  the
majority of the Board recommends 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 December 1944.

___________________________________________________________________

The following members of the Board considered AFBCMR Docket  Number
BC-2007-01668 in Executive Session on 27 September 2007, under  the
provisions of AFI 36-2603:

      Mr. Michael J. Maglio, Panel Chair
      Mr. Wallace F. Beard Jr., Member
      Ms. Karen A. Holloman, Member

By a majority  vote,  the  Board  recommended  the  application  be
granted.  Mr. Beard voted to deny, but he does not wish to submit a
Minority Report. The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 24 Jul 06, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ AFPC/DPSO, dated 24 Jul 07.
     Exhibit D.  Letter, HQ AFPC/DPPPR, dated 1 Aug 07.
     Exhibit E.  Letter, SAF/MRBR, dated 17 Aug 07.




                                   MICHAEL J. MAGLIO
                                   Panel Chair



AFBCMR BC-2007-01668




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 XXXXXXX, 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
December 1944.







            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency