RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: 02-03107
		INDEX CODE:  107.00
	.	COUNSEL:  NONE
  .
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) Medal and the Air Medal with Oak Leaf Cluster. (By amendment at Exhibit B, his request for the Air Medal with Oak Leaf Cluster be dropped).

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APPLICANT CONTENDS THAT:

He participated in five combat missions for the Air Medal and a cluster for striking an enemy in a 109 aircraft.  He injured his back while using a bad fitting parachute when he bailed out of the B-17 and landed hard during his 5th mission.  When he received his medals in 1999, he noticed that the Air Medal and Purple Heart Medal were not awarded.  He believes he is entitled to these medals after serving nearly 4 years in the military, for flying 5 combat missions and for being shot down and taken as a Prisoner of War (POW) for nearly 2 years.  He was hospitalized in a German Lazarette for 3 plus months with impetigo, bronchial pneumonia and a back injury.  He has had constant problems all his life with his back and other illnesses as a result of combat and imprisonment.  A friend of his, also an ex-POW, who was shot down on his second combat mission was awarded the Air Medal when he applied at the SAF/MRB at Randolph AFB, TX.  

In support of his appeal, the applicant provides a copy of his discharge certificate, excerpts on the Purple Heart from an Ex-POW Bulletin, a copy of the VA compensation benefits letter, a supporting statement from the co-pilot of the B-17 mission, a copy of the VA Rating Decision, a copy of his record at the German Lazarette and an information sheet pertaining to his 5th combat mission over Europe.  

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

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STATEMENT OF FACTS:

The applicant’s records were lost or destroyed and efforts at reconstruction have been, for the most part, unsuccessful.  The following is the only known information pertaining to the applicant's service and was extracted from the partially reconstructed record and from documents provided by the applicant. 

The applicant enlisted in the Army of the United States Air Corps on 2 March 1942.  He performed duty as a Flight Maintenance Gunner.  He was a Prisoner of War from 25 June 1943 to 8 May 1945.  The applicant was honorably discharged in the grade of technical sergeant on 22 October 1945, for the Convenience of the Government (Demobilization).  He was credited with 1 year, 5 months and 27 days of continental service and 2 years, 1 month and 24 days of foreign service.  His discharge document shows he participated in the Air Offensive Europe campaign.  He was awarded the European-African-Middle Eastern Service Medal and the Good Conduct Medal.

On 21 September 1999, the Secretary of the Army awarded the applicant the following medals:  POW Medal, Good Conduct Medal, American Campaign Medal, European-African Middle Eastern Campaign Medal with one bronze star, and the WWII Victory Medal. 

By letter, dated 14 November 2002, the Recognition Programs Branch advised the applicant that his military records were thoroughly reviewed and that they were unable to verify that he was entitled to the POW and Air Medal with oak leaf cluster. 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 responded by indicating he did not have additional documentation to substantiate the award of the PH except for the testimony provided earlier in his application by the co-pilot of the B-17.  He also indicated that he wished to drop his request for the Air Medal with oak leaf cluster since he did not have documentation substantiating that he shot down an enemy aircraft on June 25, 1943.  However, he would be thankful if the Secretary of the Air Force Personnel Council would consider awarding him the Air Medal for his combat duty over Europe in 1943 and to reconsider the Purple Heart request.

On 2 January 2003, the Separations Branch advised the applicant that a DD Form 215, Correction to DD Form 214, was completed to include the award of the Air Medal.  

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends the request for the Purple Heart be denied.  DPPPR states that the back injury was a result of a badly packed parachute, which he did not check out prior to take-off due to time constraints; however, not as a result of bailing out e.g., injury incurred while making a parachute landing.  The only medical records available were provided by the VA and his Report of Physical Examination of Enlisted Personnel Prior to Discharge, shows that the only injury he claimed was bronchitis while at the POW camp.  He did not provide any documentation showing treatment at a VA facility until 1981.  

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states that his request for the Purple Heart is due to the back injury that resulted from a badly fitted parachute and hitting the ground.  Had he not been shot down, he would not have sustained this injury.  So he considers this injury due to enemy fire.  After he was captured he did not receive any medical treatment as long as he was able to walk.  In the early months of prison camp, he laid in bed most of the time and the pain eased considerably.  The German Army did not make any record of this injury because he was not hospitalized.  He was hospitalized for impetigo and bronchitis.  Part of his service connected VA disability is for his back injury.

Applicant’s letter 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 injustice.  We are persuaded by the applicant’s assertions concerning his back injury and the supporting statement by the former co-pilot of his crew concerning his aircraft’s mission over Hamburg, Germany that it is possible he did sustain his injury as a direct result of enemy fire.  We believe that his back injury sustained in June 1943 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 injury from the existing records is not surprising in view of his status as a Prisoner of War for almost a two-year period.  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 the records be corrected as indicated below.  

4.  In regard to the applicant’s request for award of the Air Medal, we note that on 2 January 2003, he was advised by the Air Force Personnel Center that a correction to his DD Form 214, Certificate of Release or Discharge from Active Duty, was accomplished to reflect the award of the Air Medal.  Therefore, action by this Board on applicant’s request for the basic Air Medal is not required. 

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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 Hamburg, Germany on 25 June 1943.

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The following members of the Board considered this application in Executive Session on 3 April 2003, under the provisions of AFI 36‑2603:

			Panel Chair
		     Member
			Member

All members voted to correct the records as recommended.  The following documentary evidence for AFBCMR Docket Number 02-03107 was considered:

    Exhibit A.  DD Form 149, dated 23 Sep 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 23 Dec 02, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 17 Jan 03.
    Exhibit E.  Letter, Applicant, dated 3 Feb 03.

                                                                      

AFBCMR 02-03107

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 xxxxxxxx., 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 Hamburg, Germany, on 25 June 1943.