RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-01814
                                       INDEX CODE:  107.00
      XXXXXXXXXXXXXXXXXXX               COUNSEL: NONE

                                             HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  9 December 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) Medal.

_______________________________________________________________

APPLICANT CONTENDS THAT:

He was injured during World War II when  he  had  to  crash  land  his  P-47
Thunderbolt after the aircraft was hit by enemy ground fire on 12  September
1944.  He honestly believes he earned the PH.

In support of his request, the applicant submits a personal  statement;  and
copies of flight records; WD AGO Form 53,  Military  Record  and  Report  of
Separation   Certificate   of   Service;   a   eyewitness   statement;   and
correspondence in his attempts to receive the PH.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s available  military  records  indicate  that,  on  7 January
1944, he entered active duty in the Army Air Force at the age of 26  in  the
grade of second lieutenant.  He was progressively promoted to the  grade  of
captain.

The applicant’s flight record indicates he crash landed his  P-47D  aircraft
in the Mediterranean Sea due to enemy action on 12 September 1944.

The applicant was honorably discharged from active  duty  in  the  grade  of
captain on 27 May 1946.  He served 2 years, 4 months, and 20 days on  active
duty of which 1 year, 9 months and 23 days was foreign service.

The applicant’s separation document  indicates  he  performed  duties  as  a
Flight Test Maintenance Officer and participated in the Rome-Arno,  Northern
Apennines, and Southern France campaigns.  His separation document  reflects
he was awarded the Air Medal with one  Bronze  Oak  Leaf  Cluster,  European
African Middle Eastern  Service  Ribbon  with  three  Bronze  Battle  Stars,
American Theater Ribbon with  three  Overseas  Service  Bars,  Distinguished
Unit Badge, and the Victory Medal.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial of the applicant’s request for  the  PH  medal.
DPPPR states the PH 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.   It  appears  the  applicant’s  injury  was  caused  by
indirect enemy action, when his aircraft froze, while returning back to  his
home base after his plane was  hit  by  flak.   The  applicant  provides  an
eyewitness statement verifying the applicant  was  injured  while  returning
back to his home base during a crash  landing.   There  is  no  evidence  to
indicate the applicant was injured due to direct enemy action.

DPPPR states that on 27 June 2007, the  Purple  Heart  Review  Board  (PHRB)
considered and disapproved the applicant’s request for the PH.

The DPPPR evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded  to  the  applicant  on  27
July 2007, for review and comment within 30 days (Exhibit C).   As  of  this
date, this office has received no response.

_________________________________________________________________

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.  After a thorough review of  the  available
records, the majority of the Board found no evidence that the individual  is
eligible  for  the  award  of  the  Purple  Heart  Medal.   The  applicant’s
contentions are duly noted; however, the majority of the Board  believes  he
did not provide sufficient documentary evidence to  substantiate  his  claim
that he was wounded in action as a direct result of enemy  action,  or  that
he was recommended for, or awarded, the Purple Heart  Medal.   According  to
the evidence presented, the applicant was injured in 1944 when his  aircraft
crash landed while returning back  to  his  home  base  after  his  aircraft
sustained damage from flak.  In the opinion of the majority  of  the  Board,
there is no indication in his records that his  injuries  met  the  criteria
for award of  the  Purple  Heart.   The  personal  sacrifice  the  applicant
endured  for  his  country  is  noted  and  the  majority  of  the   Board’s
recommendation to deny the requested relief in no way  diminishes  the  high
regard they have for his service.  Nevertheless, in view of the  above,  the
majority  of  the  Board  finds  no  basis  to   favorably   consider   this
application.

_________________________________________________________________

RECOMMENDATION OF THE BOARD:

A majority of the Board finds insufficient evidence of  error  or  injustice
and recommends the application be denied.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 4 October 2007, under the provisions of AFI 36-2603:

                 Mr. Laurence M. Groner, Panel Chair
                 Ms. Mary C. Puckett, Member
                 Ms. Josephine L. Davis, Member


By a majority vote, the Board recommended denial of  the  application.   Ms.
Puckett voted to correct the record as requested but did not wish to  submit
a minority report.  The following documentary  evidence  for  AFBCMR  Docket
Number BC-2007-01814 was considered:

      Exhibit A.  DD Form 149, dated 28 Jun 06, with attachments.
      Exhibit B.  Letter, AFPC/DPPPR, dated 9 Jul 07.
      Exhibit C.  Letter, SAF/MRBR, dated 27 Jul 07.




                                  LAURENCE M. GRONER
                                                   Panel Chair


AFBCMR BC-2007-01814




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 XXXXXXXXXXXXXXXXXXXXXXX, be corrected to show that he was
awarded the Purple Heart for injuries he received in action against an
enemy of the United States during a mission over Northern Italy, on 12
September 1944.




            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency


MEMORANDUM FOR THE     EXECUTIVE DIRECTOR, AIR FORCE BOARD
      FOR CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  XXXXXXXXXXXXXXXXXXXXXXXXXX, Docket Number: BC-2007-01814

      After reviewing the complete evidence of record and the basis for the
decision of the Board majority to deny the requested relief, I support the
minority position and find a reasonable basis to grant the applicant’s
request for award of the Purple Heart Medal.


      I note that Army Regulation 600-45 (as amended) states, “A wound is
defined as an injury to any part of the body from an outside force,
element, or agent sustained as the result of a hostile act of the enemy
while in action in the face of the enemy.  The applicant’s former commander
provided a statement indicating the applicant’s injuries were the result of
flak from enemy fire that destroyed his aircraft and caused him to crash
land in the Mediterranean Sea.  In addition, his commander confirms the
applicant sought and received medical treatment for the injuries he
sustained from the incident.  In view of this statement and with the fact
the applicant’s records were destroyed in the fire at the National
Personnel Records Center; I believe the interest of justice can best be
served by resolving this issue in favor of this World War II veteran.

      Therefore, I direct the applicant’s records 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 over Northern Italy,
on 12 September 1944.




            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency