P-                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-01250
		INDEX NUMBER:  107.00
		COUNSEL:  None
	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

He be awarded the Purple Heart for flak wounds he received in    Dec 44 while on a bombing mission.

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APPLICANT CONTENDS THAT:

In support of his request, applicant submits a newspaper article, a letter from the pilot, and a notarized statement from the navigator on the mission.  Applicant also provides a copy of a letter written to his congressman and a copy of his congressman’s letter to the Board on his behalf.

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

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STATEMENT OF FACTS:

The applicant served on active duty in the Army Air Corp from 5 Apr 43 until 17 Oct 45.  The remaining relevant facts pertinent to this application are contained in the evaluation prepared by the appropriate office of the Air Force.

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial of the applicant’ request.  They have attached a copy of a letter sent to the applicant requesting additional information to substantiate his claim.  The applicant did not respond.

The complete evaluation, with attachments, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 19 Jul 02 for review and comment within 30 days.  To date, a response has not been received.

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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 error or injustice.  The Board was persuaded by the letters of support the applicant provided from other members of the aircrew on the flight that he sustained injuries.  While there is no documented medical record of the applicant’s injuries, the Board finds the applicant’s explanation reasonable as to why.  Since the record does clearly indicate that the applicant was a crewmember on a B-24 Bomber hit by enemy fire in December 1944, we believe that any doubt regarding injuries sustained by the applicant should be resolved in his favor.  Therefore, the Board recommends that the applicant’s 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 on 31 March 1945, he was awarded the Purple Heart for injuries sustained as a direct result of enemy action on 28 December 1944.

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The following members of the Board considered Docket Number 02-01250 in Executive Session on 21 August 2002, under the provisions of AFI 36-2603:

A majority of the Board voted to correct the records, as recommended.  Mr. XXXX voted to deny, but did not desire to submit a minority report.  The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 5 Mar 02, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, AFPC/DPPPR, dated 1 Jul 02.
     Exhibit D.  Letter, SAF/MIBR, dated 19 Jul 02.