RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2002-03684

	 	COUNSEL:  NONE

	 	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be corrected to reflect that he was awarded the Purple Heart (PH), the Distinguished Flying Cross (DFC), and the Prisoner-of-War (POW) Medal.

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THE APPLICANT CONTENDS THAT:

He is entitled to the PH based on wounds received on 13 October 1944 during a forced bail out of an aircraft.  He is also entitled to the DFC based on completion of 38 missions, including five bombing runs over the Ploesti Oil Fields.  Since he was captured on 23 October 1944 and held as a POW until 1 December 1944, he is also entitled to the POW Medal.

In support of the appeal, the applicant submits a copy of a telegram informing his mother that he was in a MIA status, and extracts from his personnel records.

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

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STATEMENT OF FACTS:

The applicant is a former Army Air Corps member who served on active duty during the period 8 February 1943 through 31 October 1945.  He served as a B-24 (Liberator) aerial engineer gunner (also waist and tail positions), with the 451st Bombardment Group, 15th Air Force, in Algeria and Italy.  During this period, he was awarded the Air Medal, with Three Oak Leaf Clusters (AM, 3 OLC).

He was shot down over Yugoslavia on or about 13 October 1944, and returned to military control on 22 October 1944.

An Evaders Form, completed by the applicant on 22 October 1944, indicates that partisans immediately picked him up upon landing and that he had evaded capture.

The Purple Heart (PH) is awarded for wounds received as a direct result of enemy action (i.e., gunshot or shrapnel wounds, hand-to-hand combat wounds, or forced aircraft bail out injuries due to the aircraft being shot down).

The DFC was established by Congress on 2 July 1926 and is awarded for heroism or extraordinary achievement while participating in aerial flight.  The performance of the act of heroism must be evidenced by voluntary action above and beyond the call of duty.

The POW Medal is awarded to active military members who are forcibly detained or interned in the line of duty.

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AIR FORCE EVALUATIONS:

AFPC/DPWCM recommends the applicant’s request for award of the POW Medal be denied.  AFPC/DPWCM states, in part, that the applicant is not listed on the Army Repatriation and Family Affairs Division POW database.  Upon his return on 22 October 1944, the applicant completed an Evaders Form (To be completed by those never in Prison Camps) which states that partisans picked him up immediately and that he had evaded capture.  Since the enemy never captured him, he was never a POW.

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

AFPC/DPPPR recommends the application be denied and states, in part, that although the applicant states that he was shot down on 23 October 1944 and held as a POW, his records indicate that he was shot down on 13 October 1944, declared MIA, and returned to military control on 21 October 1944.  On 22 October 1944, he provided the information that immediately after being shot down, he was picked up by partisans, evading capture by the enemy.  Since the enemy never captured him, he is not eligible for the POW Medal.  The applicant also claims that he is entitled to the DFC because he completed 38 missions; however, his DVA records show that he claimed to have completed only 25 missions and he has provided no documentation that he was recommended for the DFC.  Furthermore, there is no indication in his service medical records and DVA records that he was wounded as a direct result of enemy action.  Therefore, he is not eligible for award of the Purple Heart (PH).

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

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APPLICANT’S REVIEW OF AIR FORCE EVALUATIONS:

Complete copies of the Air Force evaluations were forwarded to the applicant on 25 April 2003 for review and response within 30 days.  However, as of this date, this office has received no response.

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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.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  After thoroughly reviewing the evidence of record and noting the applicant’s contentions, we are not persuaded he should be awarded the PH, DFC, and POW Medal.  In this respect, we note the following:

	a.	The PH is awarded for wounds received as a direct result of enemy action (i.e., gunshot or shrapnel wounds, hand-to-hand combat wounds, or forced aircraft bail out injuries due to the aircraft being shot down).  The applicant requests award of the PH due to injuries he received when forced to bail out of his aircraft when the engines failed.  However, since forced aircraft bail injuries were due to engine failures and not the direct result of enemy action, he does not meet the criteria for award of the PH.

	b.	The applicant also contends that he is entitled to the DFC because he completed 38 missions; however, we find insufficient evidence to substantiate he is entitled to the DFC.  In this respect, we note that the applicant’s Separation Qualification Record, indicates he flew 37 missions as an aerial engineer gunner.  Regardless, there has been no showing that the 12th Air Force had an established policy whereby the DFC was awarded for the completion of 38 missions. While we are in no way questioning the applicant’s recollection of his aviation service, we find insufficient to warrant awarding the DFC.  Given the amount of time that has elapsed since the events in question, we must consider his request for the DFC based on the evidence before us.  In this regard, we do not believe he has met his burden of proving that he should have been awarded the DFC.

	c.	Although the applicant contends that he was held as a POW after being shot down on 23 October 1944, the evidence of record indicated that he was shot down on 13 October 1944, picked up by partisans, declared Missing-in-Action (MIA), and returned to military control on 21 October 1944.  Since the enemy never captured him, he is not eligible for the POW Medal.

	d.	The personal sacrifice the applicant endured for his country is noted and our decision in no way diminishes the high regard we have for his service; however, insufficient documentary evidence has been presented to warrant awarding him the requested decorations.  Hence, we find no compelling basis to recommend granting the relief sought.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered Docket Number BC-2002-03684 in Executive Session on 5 June 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 20 Aug 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPWCM, dated 27 Mar 03, w/atchs.
    Exhibit D.  Letter, AFPC/DPPPR, dated 16 Apr 03, w/atchs.
    Exhibit E.  Letter, SAF/MRBR, dated 25 Apr 03.