RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: 02-00722
		INDEX CODE:  107.00
		COUNSEL:  TEXAS VETERANS COMMISSION
  
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) Medal.

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APPLICANT CONTENDS THAT:

He suffered combat wounds to the face and scalp.  He is a POW and feels that his unit, due to his status as a POW, did not complete the paperwork for the Purple Heart.   

In support of his appeal, the applicant provides a supporting statement from the navigator of the B-24 mission.  

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

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STATEMENT OF FACTS:

The applicant enlisted in the Army of the United States on 10 December 1942 and entered active duty on same date.  He was assigned to duty in the Air Corps and was progressively promoted to the grade of staff sergeant.  

The applicant was assigned to the 763rd Bombardment Squadron, in the European Theater of Operations as a Flight Maintenance Gunner, from 7 August 1944 through 14 June 1945, when he returned to the Continental United States.  He was a Prisoner of War from 13 September 1944 to 5 March 1945.  On 24 October 1945, prior to the applicant’s discharge, a physical examination was completed and findings were annotated on WD AGO Form 38, Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty Or Retirement.  WD AGO Form 38, Block 11, states “injury, 3rd right hand while prisoner of war.  Hospitalized while prisoner of war.  No residual; Prisoner of War, Sept 1944 until May 1945.  Hospitalized Rheims, France, May 1945, for 5 days for malnutrition; upset stomach, since liberation.  No hospitalization.  Dispensary treatment.  Symptomatic.”   
The applicant was honorably discharged in the grade of staff sergeant on 26 October 1945, for the Convenience of the Government (Demobilization).  He was credited with 2 years and 2 days of continental service and 10 months and 15 days of foreign service.  His discharge document shows he participated in the following campaigns:  Northern and Southern France, Air Combat Balkans, Rome-Arno, Northern Apennines.  He was awarded the European-African-Middle Eastern Service Medal with 5 Bronze Stars, the Good Conduct Medal, and the Air Medal.

The applicant reenlisted on 20 March 1946 and continued to enlist and serve until 1 December 1964, when he was retired in the grade of technical sergeant.  He was credited with 20 years and 15 days of active service.

By letter, dated 9 May 2002, the Purple Heart Review Board, Recognition Programs Branch, advised the applicant that his military records were thoroughly reviewed and that they were able to verify that he was a POW, which entitled him to the POW medal. In this same letter, the applicant was advised that a detailed description of how he sustained his injuries and medical documentation to prove he was treated for these injuries would be required in order to process his request for the PH award.  The applicant did not respond.

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends the application be denied.  DPPPR states there is no evidence in the applicant’s military personnel records that support he was injured as a direct result of enemy action.  On 9 May 2002, they notified the applicant and requested he provide additional information, which would substantiate his claim.  He did not respond. 

DPPPR evaluation, with attachments, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states that while he was on a B-24 mission the plane was hit by enemy ground fire.  He was the top gunner of the plane and shrapnel came through the bottom of the plane and hit the side of his face and temple knocking his helmet off and wounding his scalp.  When the aircrew returned, they put him in a jeep and took him to a field hospital and a medic took care of his wounds.  The medic stated he would file the medical report.  On 13 September 1944, his plane was shot down over Poland and he was captured and taken as a Prisoner of War.  He has never tried to request the Purple Heart because he knew he needed documentation.  Many things happened during the war that was not documented.  Due to the persistence of his daughters and the navigator from his aircrew, he is requesting assistance in receiving the Purple Heart.  His comments are at 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 injustice.  We took notice of the applicant’s contention that he should be awarded the Purple Heart for injuries sustained while on a B-24 bombing mission over Poland.  After a thorough review of his submission and the supporting documentation he provided from the pilot who indicates that the applicant was hit by flack on his head causing severe scalp wounds, the Board majority believes it is possible that he did sustain these head wounds as a direct result of enemy fire.  The absence of any information pertaining to the asserted wounds from the existing records is not surprising in view of the nearly half-year absence from military control while he was in Prisoner of War status.  In view of the foregoing and in recognition of his service to the nation, it is the Board majority’s opinion that any doubt should be resolved in the applicant’s favor.  Therefore, the Board majority recommends that his records be corrected as indicated below.  

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that he was awarded the Purple Heart for injuries he received in action against an enemy of the United States in a B-24 aircraft during a mission over Poland during World War II.

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The following members of the Board considered this application in Executive Session on 8 January 2002, under the provisions of AFI 36‑2603:

XXXX voted to correct the records as recommended.  XXXXX voted to deny the applicant’s request and elected not to submit a minority report.  The following documentary evidence for AFBCMR Docket Number 02-00722 was considered:

    Exhibit A.  DD Form 149, dated 25 Feb 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 1 Jul 02, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 19 Jul 02.
    Exhibit E.  Letter, Applicant, dated 27 Jul 02.

                                   

AFBCMR 02-00722

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 XXXXXXXXXX, be corrected to show that he was awarded the Purple Heart for injuries he received in action against an enemy of the United States in a B-24 aircraft during a mission over Poland during World War II.