RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:		DOCKET NUMBER:  BC-2012-05131

	         (DECEASED)		COUNSEL:  NONE

	         (APPLICANT)		HEARING DESIRED:  NO


________________________________________________________________

APPLICANT REQUESTS THAT:

Her deceased father be awarded the Purple Heart (PH) Medal.  

________________________________________________________________

APPLICANT CONTENDS THAT:

Her father was awarded the PH Medal while he was in France but 
the record was either not forwarded or inadvertently omitted by 
the discharge clerk. 

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

________________________________________________________________

STATEMENT OF FACTS:

The deceased former service member’s military personnel records 
indicate he enlisted in the Army Air Corps on 19 Oct 42.  

The deceased former service member’s military personnel records 
and documentation provided by the applicant indicate he was a 
Prisoner of War (POW) of the German government from 18 Mar 45 to 
17 Oct 45.

According to the Missing Air Crew Report, dated 18 Mar 45, the 
applicant was assigned as a Waist Gunner on the aircraft that 
was lost or believed to have been lost as a result of enemy 
anti-aircraft.

According to the applicant’s WD AGO Form 53-55, Enlisted Record 
and Report of Separation, dated 6 Dec 45, the applicant was 
honorably discharged and was credited with 3 years, 1 month, and 
18 days of total active service.  According to Block 34, Wounds 
Received in Action, the applicant sustained injuries in Berlin, 
Germany on 18 Mar 45, which is the date his aircraft was shot 
down in action.

On 11 Jun 12, AFPC/DPSIDR notified the applicant that they were 
able to verify the deceased former member’s entitlement to the 
POW Medal and American Campaign Medal (ACM); however, they were 
unable to provide the ACM due to their stock being depleted.

In accordance with Army Regulation (AR) 600-45, Decorations, 
dated 22 September 1943, during the period in question, the PH 
Medal 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 Medal, 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 Medal 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.  
In addition, a wounded soldier’s unsupported statement could be 
accepted in unusual or extenuating circumstances when, in the 
opinion of the officer making the award, no corroborative 
evidence was obtainable.  However, the statement would be 
substantiated if possible.

The remaining relevant facts pertaining to this application are 
described in the letter prepared by the Air Force office of 
primary responsibility which is attached at Exhibit C.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSID recommends denial, indicating there is no evidence of 
an error or injustice.  The deceased former service member’s 
official military personnel record was destroyed in the 1973 
fire at the National Personnel Records center.  The 
documentation provided by the applicant does not indicate the 
exact date in which the deceased former service member was 
wounded, and no medical documentation or witness statements were 
provided.  The WD AGO Form 53-55, Enlisted Record And Report Of 
Separation Honorable Discharge, indicates in block 34, “Wounds 
Received In Action – Berlin Germany 18 Mar 45;” however, entries 
in this block are for combat and non-combat related wounds.  
Therefore, to grant the applicant relief would be contrary to 
the established eligibility criteria.

A complete copy of the AFPC/DPSID evaluation is at Exhibit C.

________________________________________________________________




APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Contrary to the opinion of the Air Force office of primary 
responsibility, the statement in section 34 of the WD AGO 53-55 
clearly indicates “in action” and refers to injuries as a result 
of hostile enemy action.  Furthermore, the several supporting 
statements she provides are more than sufficient to establish 
that her deceased father sustained a qualifying injury when his 
plane was shot down by the enemy.  The ship was a burning 
skeleton from the damage sustained by enemy flack, as evidenced 
by the statements indicating the aircraft had sustained heavy 
damage due to flak and indicating that crew members left the 
plane through holes in the fuselage caused by the enemy attack.  
Her deceased father was treated for his injuries by the enemy, 
but no records were recovered when his POW camp was liberated by 
the Russians.  Ultimately, the evidence she presents should be 
sufficient to conclude that her deceased father was indeed 
awarded the PH Medal and she cites 11 previous similar cases 
that were resolved in favor of the applicant by the AFBCMR.  

A complete copy of the applicant’s response is at 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.  Sufficient relevant evidence has been presented to 
demonstrate the existence of an injustice.  After a thorough 
review of the applicant’s complete submission, including her 
response to the advisory opinion rendered in this case, we 
believe that a preponderance of the evidence indicates that her 
deceased father’s injuries were the direct result of enemy 
action during combat operations when his Bomber (B-17) aircraft 
was shot down over Berlin, Germany on 18 Mar 45.  In this 
respect, we note that his WG ADO 53-55 indicates that he 
received wounds in action in Berlin, Germany on the very date 
his aircraft was shot down.  While we note the comments of the 
Air Force office of primary responsibility indicating that such 
entries could relate to combat or non-combat related injuries, 
we find it substantially more likely that these wounds were the 
result of enemy action and therefore met the criteria for the 
award of the PH Medal under the criteria in effect at the time.  
Therefore, we recommend the deceased former member’s records be 
corrected as indicated below.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air 
Force relating to the DECEASED FORMER MEMBER be corrected to 
show that he was awarded the Purple Heart (PH) Medal for 
injuries he sustained on 18 Mar 45 during action against an 
enemy of the United States when his B-17 aircraft was shot down 
during a mission over Germany during World War II.

________________________________________________________________

The following members of the Board considered AFBCMR Docket 
Number BC-2012-05131 in Executive Session on 18 Jul 13, under 
the provisions of AFI 36-2603:

	                , Panel Chair
	                , Member
	                , Member

All members voted to correct the records as recommended.  The 
following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 13 Oct 12, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPSID, dated 19 Feb 13.
     Exhibit D.  Letter, SAF/MRBR, dated 24 Feb 13.
     Exhibit E.  Letter, Applicant, dated 6 Mar 13.




                                   
                                   Panel Chair









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