RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2002-04058
		INDEX CODE:  107.00

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His discharge document (WD AGO Form 53-55) be changed to reflect his Prisoner of War (POW) status; and that he received the Purple Heart Medal (PHM) as a result of being wounded during an air battle.

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APPLICANT CONTENDS THAT:

He was wounded in World War II when his plane was shot down on a bombing mission to Oschersleben, Germany on 11 January 1944 and he was a POW, Stalag 17B, Krems, Austria from January 1944 to May 1945.  

In support of his appeal, the applicant submits a statement from a co-prisoner of war, a copy of his Honorable Discharge document and various Veterans Affairs documents.  

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

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STATEMENT OF FACTS:

The applicant contracted his enlistment in the Army Air Corps on 12 October 1942.  He was progressively promoted to the grade of Staff Sergeant.  The applicant’s personnel records were destroyed in the 1973 fire at the National Personnel Records Center (NPRC).

Applicant participated in the Air Offensive of Europe from the period 2 November 1943 until 23 May 1945.  On 11 January 1944, his aircraft was damaged by flak and the crew was ordered to bail out of the aircraft.  He was taken captive by the Germans and held as a POW until 2 May 1945.  The applicant returned to the United States on 23 May 1945 and was subsequently honorably discharged on 13 November 1945 under the auspices of Army Regulation (AR) 615-365 for Convenience of the Government (Discharge of Surplus Enlisted Personnel.)  At the time of his discharge he had served a total of 2 years, 1 month and 2 days.

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AIR FORCE EVALUATION:

AFPC/DPW was able to document applicant’s claim of being a POW and consequently recommended his discharge document reflect that he was a POW and he be considered for award of the Purple Heart Medal.  AFPC/DPW’s evaluation and attached POW list is at Exhibit C.

AFPC/DPPPR addressed the issue of whether or not the applicant should be awarded the PHM for wounds received.  DPPPR notes that the applicant applied for and received a POW Medal in 1988.  They note also that, regarding his alleged wounds, the applicant was not able to provide any official evidence that he received any wounds in WWII.  The applicant provided a letter from a fellow POW who stated that they both had problems with their stomach’s and their wounds due to a lack of decent food and a lack of medical attention by their German captors.  There is not, however, any mention of the type of wounds, when the wounds were received, or that there was any firsthand knowledge of the wounds.

DPPPR notes that the applicant’s personnel records were destroyed by the 1973 fire at NPRC but did acknowledge receipt of the applicant’s medical records from the Veterans Administration (VA).  They note that the applicant did not document any wounds on his discharge document, nor did he include any mention of wounds when he applied for VA disability claim in 1948. On 23 April 1986 the applicant claimed that he received scars on his right arm and right cheek from 20mm shell fragments during an attack on his aircraft.  The VA denied Service connection for the scars as the applicant had not claimed them in his 1948 claim nor in his discharge physical.

DPPPR recommends denial on the basis of the available medical record and by the fact that the applicant has not provided sufficient documentation or plausible explanation to verify his claim for the award of the Purple Heart Medal.

DPPR’s complete evaluation, with attachments, is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 21 March 2003 for review and comment within 30 days.  As of this date, there has been no response received by this office.

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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 an error or injustice.  The majority of the Board is persuaded by the applicant's assertions and his former commander's notarized statement concerning the circumstances surrounding his injury.  Thus, it is believable he did sustain wounds as a direct result of enemy fire while he was serving as a gunner on a B-17 aircraft on that mission raid over Oschersleben, Germany during World War II.  The absence of any information pertaining to the asserted wounds from the existing records is not surprising in view of the fact he was taken prisoner after bailing out of his damaged aircraft.  In view of the foregoing and in recognition of his service to the nation, the majority of the Board is of the opinion that any doubt should be resolved in the applicant's favor.  Therefore, the majority of the Board recommends 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 Oschersleben, Germany, on 11 January 1944. 
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The following members of the Board considered AFBCMR Docket Number BC-2002-04058 in Executive Session on 8 July 2003, under the provisions of AFI 36-2603:

By a majority vote, the Board voted to grant the request.  Ms. Maust voted to deny the request and did not desire to submit a minority report.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 7 Aug 02, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPW, dated 10 Feb 03, w/atchs.
    Exhibit D.  Letter, AFPC/DPPPR, dated 10 Mar 03, w/atchs.
    Exhibit E.  Letter, SAF/MRBR, dated 21 Mar 03.

                                   	

 DEPARTMENT OF THE AIR FORCE
WASHINGTON DC

Office Of The Assistant Secretary

BC-2002-04058

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 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 Oschersleben, Germany, on 11 January 1944.