RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00817
		INDEX CODE:  107.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be awarded the third oak leaf cluster (3OLC) to the Air Medal and the first oak leaf cluster (1OLC) to the Purple Heart.

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APPLICANT CONTENDS THAT:

He received the Purple Heart medal but he believes he deserves a cluster due to his injuries received on his bail out of a B-17 over Frankfurt, Germany on 19 September 1944.  He was beaten by German civilians upon landing.  He feels he is also entitled to another cluster to his Air Medal, as he was shot down on his 23rd mission.

Applicant's complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant was inducted into the Army of the United States on 24 August 1942 and entered active duty in the grade of private on 28 February 1943.  From 28 February 1943 to 14 January 1944, he performed duties as a Student Bombardier.  From 15 January 1944 to 24 December 1945, he performed duties as a commissioned officer in the grade of second lieutenant and performed duties as a Bombardier.  He was in the European Theater of Operations from 30 May 1944 to 3 June 1945.  He was reported missing in action on 19 September 1944 and it was subsequently determined he was a Prisoner of War.  He was credited with having flown 23 combat missions.  He was returned to military control on 1 May 1945.  He was promoted to the grade first lieutenant on 1 December 1945.  On 24 December 1945, he was honorably relieved from active duty because of demobilization.  He was credited with 11 months and 6 days of continental service and 1 year and 15 days of overseas service as a commissioned officer.  His separation document shows he was entitled to the Purple Heart (for wounds received in combat on 19 September 1944) and European-African-Middle Eastern (EAME) Ribbon.  It was further indicated he was wounded in action because of “German civilian rioting injuries on fore head (sic).”  A letter dated 24 October 1997 from AFPC indicates he is entitled to following awards and decorations:

    Purple Heart
    European-African-Middle Eastern Campaign Medal w/3 BSS
    Korean Service Medal
    United Nations Service Medal
    Republic of Korea Presidential Unit Citation
    American Campaign Medal
    World War II Victory Medal
    POW Medal
    Army of Occupation Medal-Japan
    National Defense Service Medal
    Air Medal w/2 OLC

He was in Reserve status from 25 December 1945 to 9 August 1950, serving 15 days in active duty status (8-22 July 1950).  From 10 August 1950 to 9 May 1952, he served on extended active duty in the grade captain and performed duties as a Navigator.  On 10 May 1952, he released from active duty and transferred to the Reserves.  On 24 August 1962, he was assigned to the Honorably Retired Reserve Section.  The record indicates he was credited with 9 years, 8 months and 22 days of satisfactory Federal service.

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AIR FORCE EVALUATION:

AFPC/DPPPRA recommends denial.  On 8 March 2004, they requested the applicant either withdraw his request for the Air Medal (3OLC) and the Purple Heart (1OLC) or submit additional documentation to support his claim.  Applicant did not respond.  Their 8 March 2004 letter to the applicant was the third such letter from their office addressing his request and requesting additional documentation to support his request.  He did not provide supporting documentation in answer to any of their letters.

A complete copy of the evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 16 April 2004, applicant submitted additional documents to support his claim.  A copy of the additional documents is at Exhibit D.

On 7 May 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 injustice warranting favorable action on the applicant’s request that he be awarded the third oak leaf cluster (3OLC) to the Air Medal for being shot down over Germany in World War II.  We are aware that, during the period the applicant served in the ETO, aircrew members such as the applicant were awarded the Air Medal for successful completion of five combat missions.  The record clearly shows the applicant was credited with participation in 23 combat missions as a navigator.  The record also shows the applicant is currently credited with award of three Air Medals.  In an effort to remove any possibility of an injustice to the applicant, and in recognition of the missions the applicant flew in the service of his country, we believe his records should be corrected to show he was awarded the additional Air Medal he has requested.

4.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice with respect to the applicant’s request for a second Purple Heart medal.  We took notice of the applicant's submissions in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for the conclusion that the applicant has not been the victim of an error or injustice.  The applicant has not provided any corroborative documentation or witness statements that would lead us to believe that at the time his aircraft was downed and during the time he was held in captivity, he received an injury that met the criteria for award of an additional Purple Heart medal.  While we are not unappreciative of the applicant’s service to the nation, absent such evidence, we do not believe favorable consideration of this portion of the application would be appropriate.

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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, on 18 September 1944, he was awarded the Air Medal, Third Oak Leaf Cluster, for meritorious achievement while participating in heavy bombardment missions in the air offensive against the enemy over Continental Europe.

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The following members of the Board considered this application in Executive Session on 16 November 2004, under the provisions of AFI 36-2603:

All members voted to correct the records, pertaining to AFBCMR Docket Number BC-2004-00817, as recommended.  The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 8 Mar 04.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPRA, dated 27 Apr 04.
   Exhibit D.  Applicant’s Additional Documents, dated 16 Apr 04.
   Exhibit E.  Letter, SAF/MRBR, dated 7 May 04.

AFBCMR BC-2004-00817

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, on 18 September 1944, he was awarded the Air Medal, Third Oak Leaf Cluster, for meritorious achievement while participating in heavy bombardment missions in the air offensive against the enemy over Continental Europe.