RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBERS:  02-01327
		INDEX CODE 107.00
	 	COUNSEL:  None

	 	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) for injuries sustained in World War II (WWII).

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APPLICANT CONTENDS THAT:

On a bombing mission over Germany, anti-aircraft fire damaged his plane and he bailed out over the occupied Netherlands. To minimize his exposure as a floating target, he delayed opening his chute until about 1500 feet from the ground.  He hit the ground hard and wind caught his chute, dragging him until his left hip hit a barbed wire fence post at the edge of a canal. The post broke and his feet and legs went into the canal’s icy water. He was pulled from the water and taken to a German unit as a prisoner of war (POW). The only treatment he received was to have his legs and feet dried off and covered with a blanket. Following questioning, he was told to sign a form. After doing so, the German officer snatched the pen from his hand with such force that the clip ripped the skin on his right index finger, drawing blood. 

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

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STATEMENT OF FACTS:

The applicant entered active duty on 13 Sep 43 and was deployed overseas on 7 Jul 44 as an aerial gunner with the 8th Air Force.

According to an official 20 Apr 45 letter to the applicant’s mother, he was the ball gunner on a B-24 bomber participating in a bombing mission to Magdeburg, Germany, on 9 Feb 45.  During the mission, a prepare-to-bailout signal was given while the bomber was in a spiral. The applicant and the bombardier parachuted out north of Amsterdam, Holland. In the meantime, the pilot successfully brought the aircraft under control and safely returned it to base with the remaining personnel on board. The applicant was taken as a POW and ultimately liberated from Moosburg Camp on 29 Apr 45. He was returned to the US on 4 Jun 45. 

WD AGO Form 33, Report of Physical Examination of Enlisted Personnel Prior to Discharge, dated 25 Oct 45, indicates the applicant was found to be physically and psychiatrically normal. 

The applicant was honorably discharged on 29 Oct 45 in the grade of staff sergeant with 2 years, 2 months and 12 days of active service. His WD AGO Form 53-55 indicates he participated in the Normandy, Northern France, Ardennes, and Rhineland campaigns as well as 21 combat missions. The form also reflects he received no wounds.

The applicant enlisted in the Air Force Reserves on 21 May 47 and was honorably discharged on 20 Mar 50. He was appointed to the Reserve grade of 2nd lieutenant on 4 Nov 52 and ultimately retired in the Reserve grade of colonel.

A 21 Jul 02 Department of Veterans Affairs (DVA) reflects the applicant has a disability rating of 90% for various ailments.

The applicant originally applied for the PH to the Army Review Boards Agency; however, that agency forwarded his claim to the AFBCMR on 5 Apr 02.  On 3 Jun 02, HQ AFPC/DPPPRA advised the applicant of the PH criteria and that he had not established his eligibility for the PH.

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AIR FORCE EVALUATION:

HQ AFPC/DPPPR notes the applicant was not injured as he bailed out of the disabled aircraft. His injury was the result of his own action/decision in delaying the opening of his parachute until he was 1500 feet from the ground. Furthermore, the applicant states the injury he received was a bruised hip, not a wound.  The applicant alleges that his finger was cut when a German officer yanked a pen out of his hand after signing a document. This is considered an accident, not a result of deliberate action on the part of the German officer to cause injury, such as a beating. The applicant has not provided any documentation showing that he received medical treatment for either injury and there is no documentation in his medical file mentioning either of these injuries.  Denial is recommended.

A complete copy of the evaluation, with attachments, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 23 Aug 02 for review and comment within 30 days.  This office has received no response from the applicant; however, his senator (North Carolina) forwarded an inquiry in his behalf to the AFBCMR Staff.  In his letter, the senator indicates the applicant states his injury was not the result of his own actions and that he was following orders as to when to engage his parachute. The senator asks that the case be reviewed again.

A complete copy of the senator’s inquiry, with attachments, is 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 error or injustice to warrant awarding the applicant the PH for injuries sustained after bailing out of a spiraling aircraft in WWII.  While the Air Force contends the applicant’s injury resulted because he chose to delay opening his parachute, we find this a prudent decision on his part.  His descent occurred in enemy-occupied territory and we find it reasonable that he would not want to prolong his exposure as a floating target. While the required documentation regarding treatment for injuries is lacking, we have no basis to doubt the veracity of the applicant’s story.  We find it unlikely that the enemy would take pains to document the wounds and medical treatment of a POW. Therefore, we conclude that any doubt should be resolved in this applicant’s favor and recommend he be awarded the PH for injuries sustained after bailing out of his B-24 bomber on 9 Feb 45.

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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 5 June 1945, he was awarded the Purple Heart for injuries received against an enemy of the United States while on a mission over hostile enemy territory on 9 February 1945 and that the WD AGO Form 53-55, Enlisted Record and Report of Separation, issued in conjunction with his honorable discharge on 29 October 1945, reflects he was awarded the Purple Heart.
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The following members of the Board considered this application in Executive Session on 3 October 2002 under the provisions of AFI 36-2603:

The following documentary evidence relating to AFBCMR Docket Number 02-01327 was considered:

   Exhibit A.  DD Form 149, dated 5 Mar 01, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPR, dated 31 Jul 02, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 23 Aug 02.
   Exhibit E.  Congressional Inquiry, dated 23 Sep 02, w/atchs.

                                   

AFBCMR 02-01327

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      , be corrected to show that on 5 June 1945, he was awarded the Purple Heart for injuries received against an enemy of the United States while on a mission over hostile enemy territory on 9 February 1945 and that the WD AGO Form 53-55, Enlisted Record and Report of Separation, issued in conjunction with his honorable discharge on 29 October 1945, reflects he was awarded the Purple Heart.