RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: 01-01848
		INDEX CODE:  107.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

1.	His records be corrected to reflect that he completed a total of 28 combat missions, rather than 27 combat missions.

2.	He be awarded the Distinguished Flying Cross (DFC).

3.	He be awarded the Purple Heart (PH).

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THE APPLICANT CONTENDS THAT:

He should be awarded the DFC because he completed a total of 28 combat missions prior to being reassigned to perform instructor duty.  Had he not been reassigned he would have completed a total of 35 combat missions and met the requirement for award of a DFC (i.e., completion of 35 combat missions).  The criteria for award of the DFC was changed from 25 to 30 combats mission, and later from 30 to 35 combat missions.

He should be entitled to the PH for wounds he received as a direct result of enemy action.  On 4 June 1944, while on a combat mission over Boulogne, France, his foot was hit by enemy anti-aircraft flak.

In support of his request, applicant submits extracts from his personal copies of his military records, a statement from the former ball turret gunner of his crew, and a page from the 390th Bomb Group Research Database indicating that he completed a total of 28 combat missions during the period 6 June 1944 through 8 August 1944.

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

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STATEMENT OF FACTS:

The National Personnel Records Center (NPRC) has been unable to locate the applicant’s original military records and it is presumed they were destroyed by fire in 1973 at the NPRC in St. Louis.  The following information has been extracted from the reconstructed records provided by the NPRC and the records provided by the applicant.

The applicant was inducted into the Army of the United States on 31 March 1943.  He entered active duty on 7 April 1943, was assigned to duty in the Air Corps, and was progressively promoted to the grade of staff sergeant.

The applicant was assigned to the 390th Bomb Group, 8th Air Force, in the European Theater of Operations as a B-17 “Flying Fortress” tail gunner, from 5 May 1944 through 3 October 1944, when he returned to the Continental United States.  The applicant attended the Airplane Armorers (B-17, Specialized) course at Lowry Field, Colorado, from 22 December 1944 to 12 February 1945.

The applicant was honorably discharged on 8 October 1945, for the Convenience of the Government (Demobilization).  He was credited with 2 years and 23 days of continental service and 5 months and 9 days of foreign service.  His discharge document shows he had participated in the Northern France campaign and had flown 27 combat missions.  He had been awarded the Distinguished Unit Badge, the European-African-Middle Eastern Service Medal with 3 Battle Stars, the Good Conduct Medal, the Air Medal with 3 Oak Leaf Clusters, and 1 Overseas Bar.

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends the application be denied. AFPC/DPPPR states, in part, that they notified the applicant of the criteria for the DFC and PH and requested that he provide additional information to substantiate his claim.  However, he did not respond.  There is no evidence in his military records that supports that he was injured as a direct result of enemy action.

The AFPC/DPPPR evaluation, with attachment, is at Exhibit B.

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APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The applicant states that it is difficult to get any information when there are no records and all of his officers have died.  He indicates a medical doctor verified his injury; however, no documentation was provided.

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

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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 probable error or injustice.

	a.  After a thorough review of the applicant’s submission and the supporting documentation he provided, we are not persuaded that his record should be corrected to reflect completion of 28 combat missions or that he be awarded the Distinguished Flying Cross (DFC).  We note that the applicant was awarded the Air Medal with 3 Oak Leaf Clusters, and we believe this was the recognition intended for his combat missions while in the European Theater of Operations.  As to the applicant’s belief that had he not been assigned to instructor duties, he would have flown sufficient missions to earn the DFC, while this may or may not be true, we must assume that his assignment to such duties was in keeping with the needs of the service, which are of paramount importance.  While we note the listing the applicant provided from his former organization’s web site, we are not convinced by this document, alone, that he completed 28 missions rather than the 27 missions shown on his separation documents.  Therefore, in the absence of convincing evidence by the applicant to the contrary or showing that he met the criteria for award of the DFC, his requests in this regard are not favorably considered.

	b.  We took notice of the applicant’s contention that he should be awarded the Purple Heart for an injury sustained while on a combat mission over Boulogne, France.  After a thorough review of his submission and the supporting documentation he provided, to include a letter from a fellow crew member who indicates that the applicant was hit by flack on his foot, we are not persuaded by this statement that he should be awarded the Purple Heart Medal.  There is no contemporaneous evidence of medical treatment for the wound he alleged he sustained nor did the applicant provide any current medical evidence of scarring or other residuals of the asserted injury which would persuade us that he had an injury which warranted the award of the Purple Heart Medal.  In the absence of such evidence, we agree with the opinion and recommendation of the Air Force office of primary responsibility concerning the applicant’s request for the Purple Heart Medal.

	c.  While we appreciate and honor the applicant’s service to his country, in view of the above and absent persuasive evidence showing his records are in error or unjust, the applicant’s requests are not favorably considered.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered Docket Number 01-01848 in Executive Session on 18 December 2001, under the provisions of AFI 36-2603:

	Vice Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 24 June 2001, w/atchs.
    Exhibit B.  Letter, AFPC/DPPPR, dated 29 October 2001.
    Exhibit C.  Letter, SAF/MIBR, dated 2 November 2001.
    Exhibit D.  Letter, Applicant, undated.