RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-03083
				INDEX CODE:  107.00
	APPLICANT 	COUNSEL:  None

	SSN		HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

He receive the Purple Heart (PH) for an injury he sustained during a parachute jump over Munster, Germany on 10 October 1943.

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APPLICANT CONTENDS THAT:

While on a flying combat mission, his aircraft was hit and damaged by enemy fire forcing him and the crew to abandon the aircraft using parachutes.  He injured his back when he hit the ground.

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

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STATEMENT OF FACTS:

Applicant's military personnel records were destroyed by fire and only limited information is available for review.  The relevant facts pertaining to this application, extracted from the applicant's available military records, are contained in the letter prepared by the appropriate office of the Air Force.  

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AIR FORCE EVALUATION:

HQ AFPC/DPPPR states there is no evidence in the applicant's record to substantiate that the injury he received was a direct result of enemy action.

The applicant's request was forwarded to the Purple Heart Review Board (PHRB) in December 2001.  The PHRB determined the applicant 
did not provide sufficient documentation to support being awarded the PH.  The applicant was forwarded the criteria required for award of the PH.  He was requested to provide additional information which would substantiate his receiving the PH.  The applicant did not provide any additional documentation.

Based on the information provided, DPPPR recommends denying the applicant's request.

A complete copy of the Air Force evaluation is attached at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant submitted, via his Congressman, letters from former military members in support his request for award of the Purple Heart (Exhibit E).

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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.	Sufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice warranting the award of the Purple Heart medal.  After reviewing the supporting documentation submitted, we are persuaded that the applicant did, in fact, meet the criteria for the award of the Purple Heart for injuries sustained as a direct result of enemy action.  While on a flying combat mission, the applicant's aircraft was hit and damaged by enemy fire causing him to bail out of the aircraft and undoubtedly injuring his back when he landed on the ground.  The absence of any information in the existing records pertaining to the treatment of his injury is not surprising in view of his year and half absence from military control while he was in Prisoner of War (POW) status.  Additionally, we note the statements from 2 former POWs indicating that the applicant suffered from back pain while he was a POW.  In view of the foregoing and in recognition of his service to the nation, it is our opinion that any doubt should be resolved in the applicant's favor.  Therefore, we recommend that his records be corrected as indicated below.

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THE BOARD DETERMINES THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that he was awarded the Purple Heart for injuries received in action against an enemy of the United States during a mission over Munster, Germany on 10 October 1943.

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The following  members of the  Board  considered Docket Number 01-03083 in Executive Session on 28 March 2002, under the provisions of AFI 36-2603:

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

	Exhibit A.	DD Form 149, undated, w/atchs.
	Exhibit B.	Applicant's Available Master Personnel Records.
	Exhibit C.	Letter, HQ AFPC/DPPPR, dated 4 Feb 02.
	Exhibit D.	Letter, SAF/MRBR, dated 8 Feb 02.
	Exhibit E.	Applicant's Response.

					 

AFBCMR 01-03083
INDEX CODE:  107.00

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, APPLICANT, SSN, be corrected to show that he was awarded the Purple Heart for injuries received in action against an enemy of the United States during a mission over Munster, Germany on 10 October 1943.