RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: 02-00931
		INDEX CODE:  107.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His WD AGO form 53-55, Enlisted Record and Report of Separation, be corrected to show the award of the Purple Heart (PH).

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THE APPLICANT CONTENDS THAT:

The Air Force failed to award and deliver the PH in a timely manner before his discharge.  At the time of his discharge, everyone was being rushed through and because he was 21 years of age, he failed to notice the inaccuracies on the form.  

In support of his request, applicant submits a statement from the former pilot of his crew, a copy of his discharge documents and discharge certificate, correspondence from his Congressman and copies of correspondence to various Department of Defense agencies.  

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 enlisted into the Army of the United States on 15 December 1942.  He entered active duty on 19 February 1943, was assigned to duty in the Air Corps, and was progressively promoted to the grade of staff sergeant.

The applicant was in the European Theater of Operations as a B-17 “Flying Fortress” armorer gunner, from 3 November 1944 through 10 June 1945, when he returned to the Continental United States.  
The applicant was honorably discharged on 25 October 1945, for the Convenience of the Government (Demobilization).  He was credited with 2 years and 15 days of continental service and 7 months and 22 days of foreign service.  His discharge document shows he had participated in the Ardennes, Central and Western Europe and Rhineland campaigns.  His decorations include the Good Conduct Medal, the European-African-Middle Eastern Service Medal with five bronze stars, and the Air Medal.  

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends the application be denied. AFPC/DPPPR states, that the applicant has not provided any documentation showing he was treated by medical personnel for shrapnel wounds incurred on 29 December 1944 as a direct result of enemy action.  Some of the applicant’s medical records provided by the VA show that he was treated on 29 December 1944 for a serverely sprained ankle incurred that date after bailing out of his damaged aircraft.  However, there is no mention of any wounds, especially shrapnel wounds or lacerations to his head, that received medical treatment.  The applicant’s VA medical records from WWII show it was his left ankle that was injured, but current VA examination x-rayed his right ankle and toe for injury, finding none.  

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

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APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The applicant states that his honorable discharge does not include the PH because the medal was mailed to his residence after his discharge.  He has already received the PH and he is merely asking for it to be replaced.  Because he had big feet, shoe size 13, leather shoes to protect his feet and ankles were not available.  He was ordered to fly without shoes.  His injury was severe because he landed on the peak of a frozen furrow.  

The former pilot from his crew is old and may have forgotten the position that he occupied on 29 December 1944.  Applicant states it doesn’t matter--what matters is that they were hit by flack over enemy territory and he received a “sprain-left ankle-severe” when he bailed out of a B-17 while on a combat mission.  He has already received the medal once.  His wife and children have seen his Purple Heart medal.  

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

On 18 June 2002, applicant’s Congressional representative submitted a letter on his behalf requesting a review of the PH be completed (see Exhibit F).
On 21 October 2002, applicant reiterated that he is not requesting to be awarded the PH only a replacement.  He provides a photocopy of the lapel tac to prove that the PH was sent to him (see Exhibit G).

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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 are persuaded by the applicant’s assertions concerning his injury and the supporting statement by the former pilot of his crew concerning his aircraft’s mission raid over Kassel, Germany that it is possible he did sustain wounds as a direct result of enemy fire.  We believe that his ankle injury sustained in December 1944 was due to the forced aircraft bail-out which was the direct result of enemy action and satisfies the criteria for award of the Purple Heart.  The absence of any information pertaining to the asserted injuries from the existing records is not suprising in view of the confusion that may have existed at that time.  The Board is persuaded that the applicant may have received the Purple Heart for injuries received when his B-17 was shot down over France.  In view of the foregoing and in recognition of his service to the nation, it is our opinion than any doubt should be resolved in the applicant’s favor.  Therefore, we recommend the 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-17 aircraft during a mission over Kassel, Germany, on 29 December 1944.

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The following members of the Board considered Docket Number 02-00931 in Executive Session on 8 January 2003, 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, dated 27 July 2001, w/atchs.
    Exhibit B.  Reconstructed Military Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 1 August 2002.
    Exhibit D.  Letter, SAF/MRBR, dated 9 August 2002.
    Exhibit E.  Letter, Applicant, dated 27 August 2002.
    Exhibit F.  Letter, Congressman Shaw, 18 June 2002, w/atchs.
    Exhibit G.  Letter, Applicant, 21 October 2002 w/atchs.

                                   

AFBCMR 02-00931

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 xxxxxxxxx, 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-17 aircraft during a mission over Kassel, Germany, on 29 December 1944.