RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-05033
COUNSEL:
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His official records be corrected to show he was awarded the
following:
1. The Purple Heart Medal (PH).
2. The Good Conduct Medal (GCM).
3. The American Campaign Medal (ACM). (Administratively
corrected)
4. The World War II Victory Medal (WWIIVM). (Administratively
corrected)
________________________________________________________________
APPLICANT CONTENDS THAT:
He was injured on 8 Apr 44, while serving as a top turret gunner
on a B-24 during a bombing mission over Brunswick, Germany.
During the mission, an enemy shell blew a basketball size hole
in his plexiglass turret, cutting the left side of his face and
head. Upon returning from the mission, his injuries were
treated and we was told by the Bomb Group Commander he was being
considered for the Purple Heart.
He served honorably from 9 Nov 42 to 20 Sep 45, but was not
awarded the GCM due to administrative oversight. His service
meets the criteria at the time of one year of service for award
of the GCM, as established by Executive Order 10444, dated
10 Apr 53.
In support of his appeal, the applicant provides copies of his
WD AGO Form 53-55, Army of the United States Honorable Discharge
Certificate, Executive Order 10444, Executive Order 9323,
excerpts from DoDM 1348.33-V3, Manual of Military Decorations
and Awards: General Information, Medal of Honor, and
Defense/Joint Decorations and Awards, and military photos.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Army Air Corps on 9 Nov 42.
His official records contain the following:
Mar 31, 1945 Sol(dier) is favorably considered for Good Conduct
Medal, LAAF, Laredo, Texas. The entry was verified and
initialed by WCC, on the line for Officers Initials.
His WD AGO Form 38, Report of Physical Examination of Enlisted
Personnel Prior to Discharge, Release from Active Duty or
Retirement, dated 19 Sep 45, indicates a sprained ankle as the
only significant disease, wound, or injury incurred. Under
Block 43, Remarks, special tests, or other defects, None is
entered.
He was honorably discharged on 20 Sep 45 and was credited with
2 years, 10 months, and 12 days of total active service.
The remaining relevant facts pertaining to this application are
described in the letter prepared by the Air Force office of
primary responsibility which is included at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIDRA recommends denial of the PH Medal and GCM,
indicating there is no evidence of an error or injustice. The
PH is awarded to members of the Armed Forces who have been
wounded killed or who have died or may hereafter die of wounds
received in action against an enemy of the U.S. or opposing
force as a result of an act of any such enemy or opposing armed
force, an international terrorist attack or during military
operations while serving as a part of a peacekeeping force. A
wound for which the award is made must have required treatment,
not merely examination by a medical officer. There is no
official documentation in the applicants record verifying he
received an injury. Item 34, Wounds Received in Action, on the
applicants WD AGO 53-55, contains the entry None. Further,
medical documentation verifying the applicant received a wound
as a direct result of enemy action requiring medical treatment,
and eyewitness statement(s) to help support the applicants
claim were not provided.
The GCM is awarded to enlisted Service members who have
honorably completed three continuous years of active military
service subsequent to 26 Aug 40, and who are recommended by
their commanding officers for exemplary behavior, efficiency,
and fidelity throughout the qualifying period, including time
spent in attendance at service schools, and there must have been
no convictions by court martial. During wartime the GCM may be
awarded on completion of one year of continuous service rather
than three. The supporting documentation provided does not
indicate that he was recommended for or awarded the GCM while on
active duty.
A complete copy of the AFPC/DPSIDRA evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Counsel reiterates that after receiving treatment for his
injury, the applicants Group Commander told him he would be put
in for the PH Medal. They are searching for additional
information, however, due the passage of time, this has become a
difficult task. With respect to the GCM, he submits
documentation from the applicants records indicating he was
favorably considered for the Good Conduct Medal on 31 Mar 45, as
well as two WD AGO Form 24-2s, dated 9 May 45 and 27 Aug 44,
which reflect the applicants character and efficiency rating as
a soldier as Excellent. In addition, the fact the applicants
was awarded Distinguished Flying Cross with three Bronze Stars,
and Air Medal with four Oak Leaf Clusters is evidence of his
quality of service (Exhibit E).
In a subsequent submission, Counsel also provides additional
documentation concerning the applicants request for award of
the PH Medal. He reiterates the story of how the head injury
occurred, and submits information about the applicants
Department of Veterans Affairs compensable rating of 10 percent
for a service connected disability, based in part on a flack
injury to L/side of forehead (4th Mission) 1944. (Exhibit F)
________________________________________________________________
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 an error or injustice concerning
the applicants request for the Purple Heart (PH) Medal. We
took notice of the applicants complete submission, to include
his responses to the Air Force advisory, in judging the merits
of the case; however, we agree with the opinion and
recommendation of the Air Force office of primary responsibility
(OPR) and adopt its rationale as the basis for our conclusion
the applicant has not been the victim of an error of injustice
concerning the PH Medal. While Counsel argues the Department of
Veterans Affairs (DVA) determination to award the applicant
disability benefits is evidence of his entitlement to the PH
Medal, we do not find the documentation provided sufficient to
conclude the applicants unspecified service connected
disabilities were incurred as the result of enemy action.
Therefore, in the absence of evidence to the contrary, we find
no basis to recommend granting the request for the award of the
PH. Notwithstanding the above, sufficient relevant evidence has
been presented to demonstrate the existence of an error or
injustice concerning award of the Good Conduct Medal (GCM). We
note the comments of AFPC/DPSIDRA stating they could not verify
the applicant was recommended for or awarded the GCM; however,
we believe the documentation in his official record indicating
that on 31 Mar 45 he was favorably considered for the Good
Conduct Medal, the documentation attesting to his excellent
character, his numerous awards and decorations, and his
honorable discharge collectively provide a sufficient basis for
us to recommend the award of the GCM. Therefore, we recommend
his records be corrected as indicated below.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to the APPLICANT be corrected to show that on
20 September 1945 he was awarded the Good Conduct Medal.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-05033 in Executive Session on 7 Aug 12, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the records, as recommended. The
following documentary evidence pertaining to AFBCMR Docket Number
BC-2011-05033 was considered:
Exhibit A. DD Forms 149, dated 16 Dec 11, 6 Jan 12,
19 Jan 12, and 19 Jan 12, with atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIDRA, dated 27 Mar 12.
Exhibit D. Letter, SAF/MRBR, dated 30 Mar 12.
Exhibit E. Letter, Counsel, dated 5 Apr 12, w/atchs.
Exhibit F. Letter, Counsel, dated 5 May 12, w/atchs.
Panel Chair
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