RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-03723

	  		COUNSEL:  NONE

			HEARING DESIRED:  NO


APPLICANT REQUESTS THAT:

1.	His records be corrected to reflect he was awarded the Purple 
Heart medal (PH).

2.	His records be corrected to reflect he was awarded the 
Distinguished Flying Cross (DFC).

3.	His records be corrected to add two Oak Leaf Clusters to his 
previously awarded Air Medal with two Silver Oak Leaf Clusters.  
(ADMINISTRATELY CORRECTED)


APPLICANT CONTENDS THAT:

He was nominated for the DFC and two oak leaf clusters.  He 
believes he deserves the Purple Heart.

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


STATEMENT OF FACTS:

The applicant is a former member of the Air Force who was 
discharged from active duty on 19 January 1945 in the grade of 
captain.

After a review of the applicant’s master personnel records, 
AFPC/DPSID verified his entitlement to the Air Medal with two 
Silver Oak Leaf Clusters and two Bronze Oak Leaf Clusters and the 
World War II Victory Medal.  His records will be updated 
accordingly upon final Board action.

In accordance with Army Regulation (AR) 600-45, Decorations, dated 
22 September 1943, 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.  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 letters prepared by the Air Force offices of 
primary responsibility which are included at Exhibits C and D.


AIR FORCE EVALUATION:

AFPC/DPSID recommends denial of the Distinguished Flying Cross and 
the Purple Heart medal.  The Distinguished Flying Cross may be 
awarded to any person who, after 6 April 1917, while serving in 
any capacity with the United States Armed Forces, distinguishes 
themselves by heroism or extraordinary achievement while 
participating in aerial flight.  The performance of the act of 
heroism must be evidenced by voluntary action above and beyond 
the call of duty.  The extraordinary achievement must have 
resulted in an accomplishment so exceptional and outstanding as 
to clearly set the individual apart from comrades or from other 
persons in similar circumstances.  Awards will be made only to 
recognize single acts of heroism or extraordinary achievement 
and will not be made in recognition of sustained operational 
activities against an armed enemy.

There was no official documentation, however, verifying 
he was awarded, or recommended for the Distinguished Flying 
Cross.  The applicant provided the second page of a document in 
which the Distinguished Flying Cross is annotated in the 
decorations received section.  In addition, in the remarks 
section of this document it states the applicant has not yet 
received the Distinguished Flying Cross.  This document was 
not within his official military personnel record nor did the 
applicant provide the front page of the document as to 
determine the validity of the document and the entries contained 
within.

After a thorough review of the applicant's limited official 
military personnel record, his entitlement to the Purple 
Heart could not be verified.  DPSID could not locate a signed 
certificate, Special Order or any other official documentation 
verifying the applicant was recommended for or awarded the Purple 
Heart.

The complete AFPC/DPSID evaluation is at Exhibit C.

AFHRA/RSA recommends denial of the Distinguished Flying Cross.  
They recommend approval for the Purple Heart and approval of the 
two Oak Leaf Clusters to his previously awarded Air Medal.

After a thorough review of the applicant's official military 
personnel record AFHR/RSA was unable to verify award of the 
Distinguish Flying Cross. The applicant provided no 
documentation that the DFC was ever officially awarded, or that 
the award or any attempted submission for the award was made by 
his unit, peers, or superior officers.  It is, however, obvious 
from the documentation submitted by the applicant, that he had 
an expectation of receiving the DFC.

During the applicant’s service, Ninth Air Force issued their DFC 
policy on 20 December 1943 and it remained unchanged for the 
rest of the war.  This policy declared that all recommendations 
for the DFC that were not based upon meritorious achievement or 
distinction would have to be approved by Headquarters Ninth Air 
Force.  This mandate was intended to limit the number of such 
awards to only those who truly deserved them.  A review of all 
DFCs awarded to the applicant’s unit revealed that only 
two navigators from the squadron were ever presented a DFC and 
they were presented posthumously.

After a thorough review of the applicant's official military 
personnel record, no documentation was found to verify award 
of the Purple Heart Medal. However, the official history of 
the 586th Bombardment Squadron noted that on 13 June 1944, 
mission that “on the second run a burst of flak hit the nose 
of the ship seriously wounding the bombardier and slightly 
wounding the applicant.”  The record further reflects the 
incident was not reported because two men in the ship had 
been wounded and the radio operator was administering first 
aid.  The two men injured were the bombardier and the 
applicant.

A review of Purple Heart recipients from the 586th Bombardment 
Squadron and other squadrons and the 394th Bombardment Group 
revealed a very troubling fact.  Just because you were wounded by 
enemy action did not mean that you would receive a Purple Heart.  
This unit, and its parent headquarters, the 394th Bombardment 
Group, consistently divided up the severity of wounds received 
from enemy action as "slight" and "serious."  In the June 1944 
history of the 584th  Bomb Squadron, the sister squadron to the 
586th Bomb Squadron belonged to the 394th Bomb Group, it was 
noted that on the 13 June 1944 mission, one of their pilots was 
hit in the eye by a piece of flak, but the injury was "...not 
enough to justify a Purple Heart."

There is no doubt that there was a culture in the 394th Bomb 
Group of only awarding Purple Heart medals for grievous and 
serious wounds and disregarding "slight" injuries.  This violated 
U.S. Army policy and criteria for the award of the Purple 
Heart.  It further explains why the applicant was never awarded 
the Purple Heart.  This is an injustice.

Subsequent medical documentation for the applicant's Physical 
Examination for Flying from January 1945 clearly states that 
after an Army Air Forces doctor examined the applicant, flak 
wounds were found on his hands, chin, and right cheek, and that 
he was treated for these wounds at Andrews Field, Essex, 
England for five days.

There was a culture of downplaying all wounds inflicted 
by the enemy in the 394th Bombardment Group and its 
subordinate units unless it met the highly subjective 
criteria of “serious.”  All physical wounds, regardless 
of severity, inflicted against an individual by an 
enemy of the United States merits the award of the 
Purple Heart medal.

Additionally, the applicant was entitled to two 
additional Oak Leaf Clusters to affix to his Air Medal.  
Per General Order 32 and General Order 19, the 
applicant was authorized; however, never presented with 
the authorized awards.

Further review of the applicant’s records show the 
applicant is also entitled to the European African 
Eastern Campaign Medal, the Distinguished Unit 
Citation, French Croix de Guerre with Palm, the 
American Campaign Medal and the World War II Victory 
Medal.

The complete AFRHA/RSA evaluation, with attachments, is at 
Exhibit D.

SAF/MRBP concurs with the recommendation of AFHRA/RSA to deny the 
applicant’s request for the DFC.  They also concur with the AFHRA 
recommendation to approve the applicant’s request for the Purple 
Heart and two Oak Leaf Clusters to his previously awarded Air 
Medal.  

The complete SAF/MRBP evaluation is at Exhibit E.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the 
applicant on 22 August 2014 (Exhibit E) 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.  Insufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice with regard to 
the applicant’s request for the award of the Distinguished Flying 
Cross.  We took notice of the available evidence of record and the 
applicant's complete submission in judging the merits of the case; 
however, we agree with the opinion and recommendation of the Air 
Force offices of primary responsibility and adopt their rationale 
as the basis for our conclusion that the applicant has not 
provided sufficient evidence to support he was submitted for, or 
awarded the DFC. 

4.  Notwithstanding the above, sufficient relevant evidence has 
been presented to demonstrate the existence of an injustice with 
regard to the applicant’s request for the award of the Purple 
Heart medal.  We agree with the AFRHA/RSA and SAF/MRBP opinion and 
recommendation of the AFRHA/RSA and adopt their rationale as the 
basis for our conclusion that the applicant is entitled to the 
award of the PH.  The evidence of record supports the applicant 
was wounded in enemy action on 13 June 1944 and treated for wounds 
to his hands, chin and right cheek for five days in January 1945; 
thus, meeting the criteria for the award of the Purple Heart.  
Additionally, we agree with the administrative corrections as 
noted by AFPC/DPSID.  Therefore, we recommend the applicant’s 
record 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 on 1 February 1945, 
he was awarded the Purple Heart Medal for wounds received while on 
a combat mission against an enemy of the United States on 13 June 
1944.


The following members of the Board considered AFBCMR Docket Number 
BC-2013-03723 in Executive Session on 25 September 2014, under the 
provisions of AFI 36-2603:

All members voted to correct the records as recommended.  The 
following documentary evidence pertaining to AFBCMR Docket Number 
BC-2013-03723 was considered:

	Exhibit A.  DD Form 149, dated 27 Mar 13, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records Excerpts.
	Exhibit C.  Letter, AFPC/DPSID, dated 2 Jun 14.
	Exhibit D.  Letter, AFHRA/RSA, dated 14 Jul 14, w/atchs.
	Exhibit E.  Letter, SAF/MRBP, dated 7 Aug 14.
	Exhibit F.  Letter, SAF/MRBR, dated 22 Aug 14.