RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-02850
		INDEX CODE:  107.00

		COUNSEL:  Blinded Veterans 

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

He be awarded the Purple Heart Medal (PHM) for injuries received during World War II (WWII).

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APPLICANT CONTENDS THAT:

On 2 March 1945, his plane was shot down while on a mission to Linz, Austria.  All ten members of the crew bailed out.  He hurt his knee on landing and was treated by a Russian medic.  His pilot recommended the entire crew for award of the PHM.  He did not feel his injury was serious enough at the time for a PHM although two other members of the crew were awarded the PHM.  He went through a period, in 1947, where his knee would lock up on him but it lasted only a year.  Nevertheless, he applied for compensation from the Veterans Administration (VA) to make sure the injury would get on his record.  Although his knee has bothered him on and off through the years, only recently has it become more of a problem as he has been experiencing muscle spasms in his knee area.  He notes there are only three crew members yet alive, including himself.  The navigator during the mission wrote an email attesting to the knee injuries received.  He does not understand why the Air Force finds his situation so difficult to understand as the VA in Rhode Island has granted him compensation for the injury.  He regrets not accepting the award of the PHM in 1945.  He now feels as though he earned the medal.

In support of his appeal, the applicant has provided a personal statement, an email from the navigator on the mission, copies of a local newspaper article dated 24 March 1945, with the headline “Harold Quagan Missing Over Austria,” the results of his compensation claim to the RI Department of Veterans Affairs (DVA), his honorable discharge documentation, copies of a psychological workup, a letter of support, select copies of his medical record, and a copy of his discharge physical paperwork.

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

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STATEMENT OF FACTS:

Applicant entered the Army Air Corps on 2 August 1943.  On 7 October 1944, he injured his left knee while performing calisthenics.  The injury was determined to be line of duty (LOD) since he was on active duty at Lincoln Army Air Force (AAF) NE.  He receives VA compensation for a service-connected disability.  He served an overseas tour in Europe from 25 November 1944 to 4 June 1945.  He was shot down over Hungary on 2 March 1945 and was missing in action (MIA) for approximately two weeks.  Upon his return to military control in Italy, he was hospitalized from 23 to 30 March 1945 for bronchitis.  He was honorably discharged on 10 November 1945 for Convenience of the Government, Demobilization, after having served for 2 years, 3 months and 29 days.

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial.  They state that on 27 October 2003, they informed the applicant that his personnel records had been destroyed in the 1973 fire at the National Personnel Records Center (NRPC) and that his medical records did not contain any indication that he was injured during WWII.  Consequently, he was provided with a copy of the Purple Heart Criteria sheet and asked to submit the necessary documentation or withdraw his application.

DPPPR states the applicant seems to believe that since the VA has granted him service-connected disability for his injured knee that he is eligible for, and entitled to, the PHM.  However, he has provided no documentation showing his knee was injured in the parachute jump on 2 March 1945 or that he received any medical treatment for such an injury.  He has not provided sufficient information or documentation to substantiate his claim; therefore, DPPPR is unable to verify his eligibility for award of the PHM.

DPPPR’s complete evaluation, with attachment, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant appeals the decision (AFPC/DPPPR Advisory) regarding the PHM with the following evidence:

     1. Notarized statement from Dave Bowman stating he remembers when applicant had to bail out of the airplane after being shot at on 3/25/45 & that his knee (right knee) was busted as a result of this.
     2. Article for Gazette March ’45 verifying he was MIA at this time.
     3. Letter from Department of the Army, verifying his MIA status.
     4. Letter that he is part of Caterpillar Club.
     5. A story about his bombing experience where he went down that was published in Pantanella News.

The applicant’s rebuttal, with attachments, is at Exhibit E.

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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 concerning his alledged injury and corroborating information from his former navigator, as well as, from the Veteran’s Administration that it  is possible he did sustain a knee injury as a direct result of enemy fire while he was serving as a gunner on a B-24 aircraft on 2 March 1945 during that mission raid over Linz, Austria during World War II.  The absence of any information pertaining to the asserted injuries from the existing records is not surprising in view of the fact he was considered missing in action for five weeks after bailing out of his damaged aircraft and making his way back to his unit in Italy.  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-24 aircraft during a mission over Linz, Austria, on 2 March 1945.

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The following members of the Board considered this application in Executive Session on 2 March 2004, under the provisions of AFI 36‑2603:

By a majority vote, the Board voted to grant the request.  Mr. XXXX 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 8 Jul 03, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 9 Jan 04.
    Exhibit D.  Letter, SAF/MRBR, dated 16 Jan 04.
    Exhibit E.  Letter, Applicant, dated 30 Jan 04, w/atchs.

                                   

BC-2003-02850

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-24 aircraft during a mission over Linz, Austria, on 2 March 1945.