RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2002-04079

	 	COUNSEL:  NONE

	 	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH).
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THE APPLICANT CONTENDS THAT:

He should receive the PH for a wound he received as a direct result of enemy action on 25 March 1945.

The orders awarding him the Distinguished Flying Cross (DFC) indicate that he sustained serious leg injuries as a result of enemy fire during a bombing mission.

In support of the appeal, the applicant submits a copy of the DFC general orders and citation, and extracts from his military records.

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

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STATEMENT OF FACTS:

The applicant’s records were destroyed by fire in 1973 at the National Personnel Records Center, in St. Louis, Missouri.  Therefore, the following information has been obtained from documentation provided by the applicant and his reconstructed record.  In addition, his service medical records are not on file with the Department of Veterans Affairs (DVA).

The applicant is a former Army Air Corps member who served from 5 February 1944 through 29 November 1945, as a B-26 bombardier, in the ---th Bombardment Squadron, ---th Bombardment Wing.  He completed 45 combat missions and served in the Rhineland, Ardennes, Central Europe, and Northern France campaigns.

On 11 August 1945, he was awarded the DFC for extraordinary achievement.  The general orders awarding him the DFC indicate that, “During the course of the attack, he [the applicant] sustained serious leg injuries, but, disregarding the painful wounds, he remained at his post and directed a highly successful attack upon the target.”

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, forced aircraft bail out injuries, etc.) that required or received treatment by medical personnel. 

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends the application be denied. AFPC/DPPPR states, in part, that although the DFC citation refers to serious leg injuries, the applicant does not state what injuries he received or how he received them.  He did not refer to any medical treatment he might have received or provide any documentation showing that he did received any medical treatment for leg injuries incurred on 25 March 1943.  His Report of Separation, which he signed as being correct, shows, “None,” in Block 30, Wounds Received in Action.

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

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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 11 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.  Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice warranting award of the PH.  The applicant contends he should be awarded the PH for wounds he received when his B-26 aircraft was hit by severe enemy fire and he sustained serious leg injuries.  In support of this contention, he provides a copy of the citation to accompany the DFC that he was awarded for his extraordinary achievement during the mission.  The DFC citation indicates that when his navigator was wounded by enemy fire, he immediately took over the navigator’s duties, and despite sustaining serious leg injuries during the attack, remained at his post and directed the highly successful attack upon the target.  In view of this, we believe that sufficient evidence has been presented to show that he was injured as a direct result of enemy action and that his wounds required/received medical treatment.  Therefore, we recommend the applicant’s records be corrected to the extent 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 received in action against an enemy of the United States during a mission over Limburg, Germany on 25 March 1945.

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The following members of the Board considered Docket Number BC-2002-04079 in Executive Session on 22 May 2003, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 19 Dec 02, w/atchs.
    Exhibit B.  Letter, AFPC/DPPPR, dated 7 Apr 03, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 11 Apr 03.

                                   	
                                   
AFBCMR BC-2002-04079

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 received in action against an enemy of the United States during a mission over Limburg, Germany on 25 March 1945.