RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-03561
		INDEX CODE:  107.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be awarded the Purple Heart Medal.

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APPLICANT CONTENDS THAT:

On 22 December 1943, on a bombing mission over Osnabrok, Germany, his crew had two engines disabled by enemy flak.  After casing the engines they were able to maintain a flyable altitude to the coast where they were attacked by an enemy fighter plane.  The ME-109 aircraft disabled the third engine, which forced them to ditch in the North Sea.  The aircraft sank quickly and they were unable to retrieve life rafts.  Five of his crew members died after a few minutes from the extreme cold water.  Their bodies were never found but their names were entered at the great cemetery at Cambridge.  An English patrol boat that was being pursued by a much better equipped German E-boat found him.  He was taken to the nearest English emergency hospital at Great Yarmouth where he remained until his leg healed and he returned to duty.

In early August 1951 while he was a member of the XXXnd Bomb Group at K9 Korea, he was returning from a Shoan bombing mission at low altitude when the aircraft was struck by small arms fire.  This caused them to crash into a reinforced concrete bridge where he incurred third degree burns and severe head wounds from the ground fire.  He was taken to the hospital ship U.S.S. Haven at Pusan where he remained until he could be moved to the combat general hospital at Osaka, Japan.  After a total of seven months, he was transferred to the Air Force hospital at Nagoya where he remained until he was discharged.

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

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STATEMENT OF FACTS:

The applicant was commissioned and entered in the Army Air Corps on 19 June 1943 and served in the European Theater from 1 November 1943 to 25 July 1944.  He was relieved from active duty on 9 November 1946, in the grade of first lieutenant.  He served as a bombardier.

The applicant’s DD Form 214 indicates he received the following decorations and citations:  World War II Victory Medal, Distinguished Unit Badge, Distinguished Flying Cross, Air Medal with three Oak Leaf Clusters, American Campaign Medal, and the European African Middle Eastern Campaign Medal.  It also indicates he received no wounds in action.

The applicant was recalled from inactive duty and entered active duty on 5 February 1951 in the grade of first lieutenant.  He was released from active duty on 16 October 1953, in the temporary grade of captain.  He served as an aircraft observer, navigator, and bombardier.

The applicant’s DD Form 214 indicates he received the following decorations and citations:  United Nations Service Medal, Cluster to Air Medal, and the Korean Service Medal.  It also indicates he received burns and a concussion as a result of action with enemy forces in Korea on 5 April 1951.

On 26 February 2003, HQ AFPC/DPPPRA advised the applicant the Shoan bombing mission in Korea in 1951 was declared an accident.  The injury was considered in the line of duty, but not a direct result of enemy action.  The 22 December 1943 bombing mission over Osnabrok, Germany, might qualify for a Purple Heart, however, in order for them to further process his case to the Purple Heart Review Board, they required any military official medical documentation and eyewitness statements to support his request.  They indicated the Purple Heart (PH) is awarded for wounds received as a direct result of enemy actions (i.e., gunshot or shrapnel wounds, hand-to-hand combat wounds, forced aircraft bail out injuries, etc.).  In addition, it is necessary the wound have required or received treatment by medical personnel.  Indirect injuries do not meet the criteria for award of the PH.  These include, but are not limited to, injuries received while seeking shelter from mortar or rocket attacks, aircraft bombings, grenades, and injuries incurred while serving as an aircrew member or in a passenger status as a result of the aircraft’s evasive measures against hostile fire.

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AIR FORCE EVALUATION:

AFPC/DPPPR recommended denial.  They indicated the applicant has not provided any specific information or documentation showing he was wounded or injured as a result of enemy action during World War II or the Korean Conflict.  His medical documentation does not support his claims, and he did not provide any documentation such as official combat reports to support his aircrafts were shot down, or he was injured as a result.  Since there is no evidence the applicant was in fact shot down by enemy action in Germany in 1943, or injured, and the injuries he may have suffered in an aircraft accident in Korea do not qualify for award of the Purple Heart Medal.

The evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 12 March 2004, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days.  As of this date, no response has been 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 an injustice warranting award of the Purple Heart Medal for his action in Korea.  The applicant contends he was injured in the European Theater of Operations on a bombing mission over Osnabrok, Germany in 1943 when his aircraft was attacked by enemy action, three engines were disabled, they were forced to ditch in the North Sea, and five of his crew members were killed.  He also contends he was injured in the Korean Theater of Operations, when returning from a bombing mission in Korea, his aircraft was struck by small arms fire and the aircraft crashed into a reinforced concrete bridge where he incurred third degree burns and severe head wounds from ground fire.  The Board notes there is no evidence to support the applicant’s claim of injury by enemy action in 1943.  We therefore do not support granting this portion of the request.  However, the applicant’s DD Form 214, with a separation date of 16 October 1953, indicates in block 29 - “Wounds Received as a Result of Action with Enemy Forces,” the applicant received burns and a concussion, in Korea, on 5 April 1951.  It is apparent the applicant received medical treatment for his injuries as noted in his medical records.  Therefore, even though he has not provided evidence such as official combat reports to support that his aircraft was shot down on 5 April 1951, we are sufficiently persuaded it would be unjust to deny him the Purple Heart for his injuries.  In view of this and in recognition of his extraordinary accomplishments in the defense of our nation during wartime, we believe the benefit of the doubt should be resolved in his favor.  Therefore, in view of the above and to offset any possibility of an injustice to the applicant, we recommend his 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 sustained during a bombing mission over Pyongyang, Korea, on 5 April 1951.

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The following members of the Board considered AFBCMR Docket Number BC-2003-03561 in Executive Session on 15 June 2004, 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 August 2003, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPR, dated 10 March 2004.
   Exhibit D.  Letter, SAF/MRBR, dated 12 March 2004.

			

AFBCMR BC-2003-03561

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  , be corrected to show that he was awarded the Purple Heart for injuries sustained during a bombing mission over Pyongyang, Korea, on 5 April 1951.