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AF | BCMR | CY2008 | BC-2007-01675
Original file (BC-2007-01675.doc) Auto-classification: Approved






                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-01675
            INDEX CODE:  107.00
            COUNSEL:  NONE

            HEARING DESIRED:  NOT INDICATED

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) Medal for an  injury  he  sustained
when his aircraft was shot down on 4 Aug 44, and any  other  awards  to
which he may be entitled.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was hit by shrapnel in his ankle and sustained an  injury  by  enemy
fire on 4 August 1944.  His plane was shot down and he was treated  for
his wounds by the Germans and held as a prisoner of war (POW).

In support of his request,  applicant  submits  a  statement  from  his
daughter, excerpts from his military  personnel  records,  a  statement
from his former squadron commander and his personal statement detailing
the events of his capture on 4 Aug 44.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s military personnel records were destroyed  by  fire  at
the National Personnel Records Center (NPRC) in  1973.   His  available
records reflect he enlisted in the Army on 28 Apr 41, and was honorably
discharged on 2 Nov 43.  He was commissioned a second lieutenant in the
Army Air Corps on 3 Nov 43, promoted to the grade of  first  lieutenant
and honorably relieved from duty on 5 Jun  47.    He  reenlisted  as  a
master sergeant on 17 Jun 47, and was honorably discharged on 3 Mar 53.
 He served a total of 11 years, 9 months, and 28 days military service.

On 29 Aug 07, his records were administratively  corrected  to  reflect
award of the POW medal, the Army Good Conduct medal  with  Army  Loops,
the  American  Campaign  medal,  the  European-African-Middle   Eastern
Campaign medal, the World War II Victory medal,  the  National  Defense
Service medal and the Honorable Service Lapel Button WWII.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial.  DPPPR states in part, the applicant  did
not provide medical documentation  to  substantiate  injuries  received
were a direct result of enemy action.  He  was  also  notified  of  the
criteria to submit documentation for review to the Purple Heart  Review
Board.

The DPPPR evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 14
Sep 07, for review and comment within 30 days.  As  of  this  date,  no
response has been received by this office.

_________________________________________________________________

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 an injustice warranting the award of the PH.  After a
thorough review of the applicant’s submission,  the  majority  of  the
Board is persuaded by the applicant's assertion concerning his alleged
injury, the corroboration of his story by other former POWs stating he
was shot in the left ankle, was injured  during  combat  and  received
medical treatment by his captors.   The  absence  of  any  information
pertaining to the asserted wounds from the  existing  records  is  not
surprising considering the member was captured and held as a POW  from
4 Aug 44 to 29 Apr 45, which prevented the proper documentation of his
medical  records.   The  Board  notes,  a  complete  review   of   the
applicant’s records verified his entitlement to  the  POW  medal,  the
Army Good Conduct medal with Army Loops, the American Campaign  medal,
the European-African-Middle Eastern Campaign medal, the World  War  II
Victory medal, the Nation Defense  Service  medal  and  the  Honorable
Service Lapel Button, WWII.   Also,  further  review  of  his  records
verified his entitlement to the Air Medal with one Oak  Leaf  Cluster.
His records  will  be  administratively  corrected  to  reflect  these
medals.  In view of the foregoing and in recognition of his service to
the Nation, it is the majority of the Board’s opinion that  any  doubt
concerning the applicant’s entitlement to the PH should be resolved in
his favor and his records should be corrected as 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 for injuries he received in action against an enemy of the
United States in a B-24 aircraft during a mission over  England,  on  4
August 1944.

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2007-
01675 in Executive Session on 4 Dec 07, under the provisions of AFI 36-
2603:

                 Ms. Kathleen F. Graham, Panel Chair
                 Mr. Richard K. Hartley, Member
                 Mr. Reginald P. Howard, Member

By a majority vote,  the  Board  voted  to  correct  the  records,  as
recommended.  Ms. Graham voted to deny the  applicant’s  request,  and
has submitted a minority report, which is attached at Exhibit E.

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 15 Feb 07, w/atchs.
      Exhibit B. Applicant's Available Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPPR, dated 29 Aug 07.
      Exhibit D. Letter, SAF/MRBR, dated 14 Sep 07.
      Exhibit E. Minority Report, dated 28 Mar 08.



      KATHLEEN F. GRAHAM
      Panel Chair
AFBCMR BC-2007-01675



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 he received in action against an enemy of the United
States in a B-24 aircraft during a mission over England, on 4 August 1944.








  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency



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