RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2003-00673

	 	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 be awarded the PH for wounds he received during a combat mission on 20 February 1945.

The applicant states that while on a mission on 20 February 1945, his aircraft was struck by what appeared to be air-to-air fire.  He received a severe laceration to his face and scalp.  He was treated at the base facility, was hospitalized for two weeks, and returned to flight status.

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 (NPRC) in St. Louis, Missouri.  Therefore, the following information has been obtained from the documentation provided by the applicant.

The applicant is a former Army Air Corps member who served on active duty from 23 October 1943 through 2 October 1945.

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 and states, in part, that the applicant’s medical records reflect traumatic laceration of nose and scalp in February 1945, from a fall, and lacerations on his scalp and nose from a fall in [a] plane.  He has not stated or provided evidence that he was injured as a direct result of enemy action.  In addition, he has not provided a detailed account of how the lacerations to his scalp and forehead were received, even after being asked to do so.  His medical records show that he fell in an aircraft and do not make any reference to having been wounded by enemy 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 16 May 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 available evidence of record and noting the applicant’s contentions, a majority of the Board is not persuaded that his injuries on 20 February 1945, meet the criteria for the Purple Heart (PH).  In this respect, a majority of the Board notes that the evidence of record indicates the applicant’s injuries were caused from a fall in a plane.  Since the PH is awarded for wounds received as a direct result of enemy action and the applicant has failed to provide substantiate evidence that his injuries were the result of enemy action, a majority of the Board (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 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,  a majority of the Board finds insufficient documentary evidence has been presented to warrant awarding him the Purple Heart.  Therefore, in the absence of evidence to the contrary, a majority of the Board finds no compelling basis to recommend granting the relief sought in this application.

4.  The applicant also requested that he be awarded the World War II Victory Medal and the American Campaign Medal; however, his records have been administratively corrected to reflect these awards and the Good Conduct Medal.

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RECOMMENDATON OF THE BOARD:

A majority of the Board finds insufficient evidence of error or injustice and recommends the application be denied.

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The following members of the Board considered AFBCMR Docket Number BC-2003-00673 in Executive Session on 10 July 2003, under the provisions of AFI 36-2603:

				Panel Chair
				Member
				Member

By majority vote, the Board recommended denial of the application.  Ms. Reynolds voted to correct the records and has submitted a minority report which is attached at Exhibit D.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 1 Nov 02, w/atchs.
    Exhibit B.  Letter, AFPC/DPPPR, dated 8 May 03, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 16 May 03.
    Exhibit D.  Minority Report.

                                   
                                   Panel Chair

MEMORANDUM FOR	THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
FROM:	SAF/MRB

SUBJECT:  APPLICANT, DOCKET NO: BC-2003-00673

	I have carefully considered all the circumstances of this case and do not agree with the majority members of the panel that the applicant’s request should be denied.

	The majority of the panel found insufficient evidence to warrant awarding the applicant the Purple Heart (PH) because there is insufficient documentation to determine whether his injuries were the direct result of enemy action.

	The applicant states that while serving as an aerial gunner during a combat mission over Germany on 20 February 1945, he was injured when his aircraft was “struck by what appeared to be air to air fire.”  The evidence of record corroborates he was placed on quarters from 20 February 1945 until 30 March 1945 due to traumatic lacerations of the nose and scalp from a fall.  Thus, it is conceivable that when his aircraft was struct by enemy fire, he fell from his aerial gunner position sustaining lacerations to his face and sclap that required his hospitalization for a period of seven days.  In view of this, I find the applicant has established a reasonable doubt that his injuries were the direct result of enemy action.  Based on the totality of the evidence presented, I believe the interest of justice can best be served by resolving the benefit of the doubt in favor of the applicant.  Therefore, I direct that his request be approved.

Director
Air Force Review Boards Agency

AFBCMR BC-2003-00673

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 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 Germany, on 20 February 1945.

                                                                            
                                                                            Director
                                                                            Air Force Review Boards Agency

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR 
			    CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT: APPLICANT, DOCKET NO: BC-2003-00673

	The majority of the Board recommends denial of the applicant’s request to be awarded the Purple Heart (PH) because there is documentation indicating that his injuries were caused from a fall in a plane and not the direct result of enemy action.  I disagree.

	The evidence of record indicates that the applicant was injured during the 20 February 1945 mission, that his injuries were incurred in the line of duty, and that his injuries required and received medical treatment.  As such, the crux of this case is whether his injuries were the direct result of enemy action.  The majority of the Board believes the presence of documentation referencing that he was injured when he fell in a plain, invalidates his request.  However, I believe this entry simply further substantiates that he was injured as a direct result of enemy action.  The applicant states that during the referenced mission he received severe lacerations to his face and scalp, when his aircraft was struck by air-to-air fire.  I find it reasonable to conclude that when the aircraft was hit by air-to-air fire, he fell from his aerial gunner position, in a plane, sustaining lacerations to his face and scalp.  As documented in his medical records, he was hospitalized for a period of seven days due to traumatic lacerations to his nose and scalp.  I find it difficult to accept that these injuries were the result of simply falling in a plane.  More importantly, in the absence of a reasonable basis to question the integrity of this 78-year-old World War II veteran, I believe it would be an injustice to deny him the requested relief.

	In view of the above, I find that the applicant has satisfied his burden to show there has been an error or injustice.  Therefore, based on a totality of the evidence presented, I believe the interest of justice can best be served by resolving this issue in the applicant’s behalf.

							
							Panel Member