RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00523
		INDEX CODE:  107.00

XXXXXXXXXXXXXXXXXX	COUNSEL:  NONE

XXX-XX-XXXX	HEARING DESIRED:  NO 

MANDATORY CASE COMPLETION DATE:  30 September 2006

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APPLICANT REQUESTS:

Award of the Purple Heart (PH) Medal for exposure to frostbite while on an operational mission on 20 December 1943.

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APPLICANT CONTENDS THAT:

During an operational mission on 20 December 1943, his bomber was hit by an 88M shell which struck the bulkhead where he was manning a machine gun.  In addition to the aircraft structural damage, the bomb bay door controls and oxygen heat to parts of the plane were knocked out.  However, he had to make sure the bombs still dropped which resulted in severe frostbite to his face.  He was removed from combat for 7 days.

In support of his appeal, the applicant provides copies of his Report of Physical Examination dated 29 Sep 45, and an Intelligence Report dated 20 Dec 43, with associated documents.  The applicant’s submission, with attachments, is at Exhibit A. 

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STATEMENT OF FACTS:

The applicant was inducted into the Army Air Corps on 12 August 1942 and entered active duty on 26 August 1942.  The applicant departed for the European Theater of Operations (ETO) on 20 August 1943.  While in the ETO he was assigned to the 306th Bomber Group and performed his duties as a Radio Operator and Mechanic.  He arrived in the Continental US on 6 August 1944.  His separation document shows he participated in the Western Europe campaign.  He was awarded the European-African-Middle Eastern Theater Ribbon with one bronze star, Distinguished Flying Cross and the Air Medal with three bronze oak leaf clusters.  On 22 January 1953, the Awards Branch Personnel Services Division, reviewed his records and substantiated his eligibility for the World War II Victory Medal, American Campaign Medal, Good Conduct Medal, European-African Middle Eastern Campaign Medal with three bronze stars and the Distinguished Unit Citation Emblem with one oak leaf cluster. 

Applicant continued to serve in the Air Force Reserve in an active and inactive status until his discharge in the grade of technical sergeant effective 1 March 1951.  

It has come to the Board’s attention that the Department of the Army has been approving PH requests for frostbite exposure.  It is, therefore, the Board’s opinion that, since the applicant was serving under Army regulations at the time of the incident, Army standards at the time should apply to his initial request.  

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends the application be denied.  DPPPR states the medical documentation the applicant provided reflects his injury was not sustained as a result of enemy action but due to direct wind blast through open bomb bay doors, causing frostbite under his chin.  The DPPPR evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 28 April 2003, applicant requested his application be withdrawn.  On 5 June 2003, his application was withdrawn per applicant’s request (See Exhibit E).  

On 24 March 2005, the applicant requested his application be reopened.  He states his previous request to withdraw his application was done in haste and made without fully considering his options or consulting with more qualified personnel.  After talking with old combat airmen and veteran counselors, he was advised he had a good case.  He is also aware that the Veterans Affairs office considers Purple Heart recipients up to Category three; therefore, he felt compelled to try again and convince the Air Force he is indeed worthy of an investigation into this matter.  Applicant’s letter is at Exhibit F.

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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 injustice.  After reviewing this application and the evidence provided in support of the appeal, we are convinced that the applicant’s records should be corrected to show he was awarded the PH.  Based on Army Regulation 600-45 (as amended), wherein it is stated, “A wound is defined as an injury to any part of the body from an outside force, element, or agent sustained as the result of a hostile act of the enemy while in action in the face of the enemy.  …The word “element” refers to weather and permits award to personnel severely frostbitten while actually engaged in combat,” we believe approval of the requested relief would be appropriate.  Our opinion has its basis in the fact that the applicant incurred frostbite while flying on a bombing mission.  In our estimation, given the circumstances of this case, it is not possible to say that his injuries were sustained by anything other than as a result of enemy actions while engaged in combat.  Therefore, we strongly believe the applicant’s records should 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 XXXXX be corrected to show that, on 30 September 1945, he was awarded the Purple Heart Medal for wounds to his face due to frostbite incurred while on an operational mission in Germany on 20 December 1943.
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The following members of the Board considered this application in Executive Session on 9 August 2005 under the provisions of AFI 36‑2603:

	            Panel Chair
	            Member
              Member

All members voted to correct the records, as recommended.  The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2003-00523.

    Exhibit A.  DD Form 149, dated 6 Feb 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 31 Mar 03.
    Exhibit D.  Letter, SAF/MRBR, dated 4 Apr 03.
    Exhibit E.  Letters, Applicant and AFBCMR, dated 28 Apr 03
                and 5 Jun 03.
    Exhibit F.  Letter, Applicant, dated 24 Mar 05.

                                   
                                   Panel Chair

AFBCMR BC-2002-00523

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 XXXXX, be corrected to show that on 30 September 1945, he was awarded the Purple Heart Medal for wounds to his face due to frostbite incurred while on an operational mission over Germany on 20 December 1943.

                                                                                    
                                                                                    Director
                                                                                    Air Force Review Boards Agency