RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-01984
                                             INDEX CODE:  107.00
      XXXXXXX                           COUNSEL:  NONE

                                             HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect entitlement to the Purple Heart (PH).

________________________________________________________________

APPLICANT CONTENDS THAT:

On 17 August 1943, he was participating in aerial flight  as  a  ball-gunner
aboard a B-17 aircraft which was conducting a ball-bearing bombing  raid  in
Schweinfurt, Germany.  The flak the aircraft encountered  was  the  heaviest
he had seen to date, and his aircraft  suffered  a  great  deal  of  damage.
Despite this, they were able to  complete  their  bombing  mission  and  the
formation headed back to England.  However, his aircraft was unable to  keep
up with the formation and the FW-190s concentrated on them, shooting  out  a
couple of their engines and setting the aircraft on fire.  They  were  given
orders to bail-out, and he was injured when he landed in a fruit orchard  in
Boirs, Belgium, breaking  his  arm  and  suffering  other  bruises  when  he
crashed into an apple tree.  He was  unable  to  get  medical  help  as  the
Germans were everywhere, and his arm eventually healed.

In his discharge papers under  the  item  titled  “Wounds”,  it  was  marked
“None” because his injuries  resulted  from  a  forced  bail-out;  thus,  he
believed the category of wounds did not apply.

In support of his appeal, he  has  provided  copies  of  numerous  documents
pertaining to his Congressional Inquiry and the  Congressional  interest  of
U.S. Congresswoman Ginny Brown-Waite, a personal statement, two  statements,
one notarized, from former members of the Belgian underground  attesting  to
the Belgian underground assisting him by cutting him out of the  apple  tree
he landed in after his bail-out, burning  his  parachute,  hiding  him  from
German patrols in the area, moving him to a safe-house,  attempting  to  set
his broken arm, and assisting him in escaping to Liege where his broken  arm
was set and several large bruises were treated, a statement from a  National
Program Consultant  of  the  Veterans  Administration  Blind  Rehabilitation
Service attesting to his landing in an apple orchard in the Belgian  village
of Boirs which resulted in a broken arm that healed while he  hid  from  the
German Army, a statement forwarding pictures of his being led away from  the
wreckage  by  members  of  the  Belgian  underground,   newspaper   articles
describing  his  experience  and  rescue,  photographs  pertaining  to   his
experience and rescue, his Honorable Discharge certificate from the Army  of
the United  States,  and  his  Enlisted  Record  and  Report  of  Separation
Honorable Discharge.

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant was inducted into the United States Army  on  15 August  1942,
and served with the Army Air Force (AAF) as a  flexible  gunnery  instructor
until his separation in the grade of technical  sergeant  (TSgt  –  E-6)  on
9 October 1945.  He is entitled to wear the European-African-Middle  Eastern
Ribbon, Distinguished Flying Cross, Air Medal with 8 Oak Leaf Clusters,  and
the Carbine and AAF Air Crew Member Badges.  His Enlisted Record and  Report
of Separation Honorable Discharge,  Item  34,  Wounds  Received  in  Action,
reflects “None”.

The applicant’s request for award of the PH was considered by the Air  Force
Personnel Center (AFPC) Purple Heart Review Board (PHRB) on 7  August  2007.
The PHRB disapproved the application due to the  lack  of  documentation  to
support the claim of wounds received as a direct result of enemy action.

In accordance with Army Regulation (AR) 600-45, Decorations,  dated  22  Sep
43, during the period in question, the PH was awarded  for  wounds  received
in action against an enemy of the United States, or as a  direct  result  of
an act of such enemy,  provided  such  wound  necessitated  treatment  by  a
medical officer. For the purpose of awarding the PH, a wound was 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, or  while  in  action
in the face of the enemy.  When a person eligible for award of  the  PH  was
treated for a wound, the commanding officer of the hospital, or the  medical
officer who treated the wound,  furnished  the  commanding  officer  of  the
wounded person a certificate briefly describing the  nature  of  the  wound,
and certifying the necessity of treatment.

On 8 January 2008, AFPC/DPSIDR verified the applicant’s entitlement  to  the
PUC for his assignment with the 381st Bomb Group, and has  taken  action  to
have his DD Form 214 corrected to reflect this award.

________________________________________________________________


AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial of the applicant’s request for award of the  PH
due to the 7 August 2007 PHRB denial.

The AFPC/DPPPR evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the AFPC/DPPPR evaluation was forwarded to the  applicant
on 31 August 2007, for review and comment, within 30 days.  However,  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.  We note that AFPC has taken action to  have  his
DD Form 214 corrected to reflect award of  the  PUC.   Therefore,  the  only
remaining issue before this Board is his request for entitlement to the  PH.
 In this respect, we note the governing regulation at that time  stated  the
PH would be awarded for wounds received in action against an  enemy  of  the
United States, or as a direct result of an act of such  enemy.   In  support
of his appeal,  the  applicant  submitted  two  eyewitness  statements  from
former members of the Belgian underground attesting to the  fact  that  they
assisted him by attempting to set his broken  arm  and  evade  capture.   We
believe the applicant has demonstrated that  he  was  injured  as  a  direct
result of enemy action and his wound  necessitated  medical  treatment.   In
view of the foregoing, we recommend that his records  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  for
injuries he received in action against an enemy of the United States in a B-
17 aircraft during a mission over Boirs, Belgium, on 17 August 1943.

________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2007-01984
in Executive Session on 21 February 2008, under the provisions  of  AFI  36-
2603:

                       Mr. Wayne R. Gracie, Panel Chair
                       Ms. Lea Gallogly, Member
                       Mr. Joseph D. Yount, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 15 May 07, w/atchs.
    Exhibit B.  Applicant's Available Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 28 Mar 07.
    Exhibit D.  Letter, SAF/MRBR, dated 31 Aug 07.
    Exhibit E.  Letter, AFBCMR, dated 26 Oct 07.
    Exhibit F.  Letter, AFPC/DPSIDR, dated 8 Jan 08, w/atchs.




                                   WAYNE R. GRACIE
                                   Panel Chair



AFBCMR BC-2007-01984



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 XXXXXX 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-17 aircraft during a mission over Boirs, Belgium, on 17
August 1943.









  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency