RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBERS:  BC-2004-00937
		INDEX CODE 107.00
	 	COUNSEL:  None

	 	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

His discharge records reflect award of the Purple Heart (PH) 1st Oak Leaf Cluster (1OLC), for wounds sustained in World War II (WWII).

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APPLICANT CONTENDS THAT:

He was a B-24 pilot assigned to the 464th Bomb Group based in Italy.  On 24 Aug 44, while returning from a successful bombing mission over Czechoslovakia, his group was attacked by a large formation of enemy fighters.  His plane was disabled and caught fire. He signaled bailout but was himself unable to escape. He was ejected when the plane blew up.  His parachute delayed opening and his landing was hard.  His already lacerated thighs were further injured, as were his back and shoulder, when he crashed through a tile roof.  He doctored his own lacerations and was taken prisoner.  Several days passed before he and other crewmembers reached their permanent prisoner-of-war (POW) camp, where their wounds were given medical attention.  By the time they were liberated, his wounds were healed and forgotten.  The Russians who overran their camp probably destroyed camp medical records.  His application was prompted by the media attention given to the PHs awarded to Senator  and General .

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

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STATEMENT OF FACTS:

The following information was extracted from documents provided by the applicant and from available documents in his military records.

The applicant, a Reservist, entered the Army Air Corps on 21 May 42 and was deployed to North Africa on 4 Mar 44 as a B-24 pilot. 

An undated memo from the 776th Bombardment Squadron to the War Department, HQ Army Air Forces, in Washington DC advised that overwhelming enemy fighters attacked the box formation in which the applicant was flying, the applicant’s plane came under aggressive attack by enemy aircraft, one engine caught fire and the aircraft went into a spin.  Seven parachutes were reported to have been seen.

A WD AGO Form 64, Physical Examination for Flying, dated 24 Aug 45, reported the applicant sustained superficial flak wounds in the left thigh on 10 May 44.  He was treated in a dispensary in Italy. In Jul 44, he was treated for bursitis in the left shoulder and hospitalized in Italy for two weeks.  On 24 Aug 44, the applicant incurred abrasions on his legs when he bailed out over enemy territory.  He was taken as a POW immediately and treated by a German medical officer.  He was liberated on 29 Apr 45 and returned to the US on 3 Jun 45.

The applicant’s records indicated he received a PH in Jun 44 under the authority of General Order 1Hq464BGp.  While the records do not indicate whether the award was for the 10 May 44 or 24 Aug 44 incident, given the receipt date, presumably it was for the 10 May 44 injury.

The applicant was released from active duty on 22 Jan 47 in the grade of major and continued to serve as a Reservist.  The WD AGO Form 53-98, Report of Separation, reflected his participation in the battles/campaigns of Air Combat Balkans, Southern France, , and Northern France.  His decorations and citations included the PH, the European-African-Middle-Eastern Theater Ribbon, the Air Medal with three Oak Leaf Clusters, the American Theater Ribbon, and the WWII Victory Medal.  Also, Item 30, Wounds Received in Action, indicated “Italy on 10 Jul [sic?] 44.”

The applicant was transferred to the Retired Reserves in the grade of lieutenant colonel on 18 Jun 79, with 20 years, 9 months, and 14 days of satisfactory service for retirement.

In Sep 98, the applicant received a Department of Veterans Affairs (DVA) rating of 60% for WWII-connected cervical and lumbar spine injury, disc degeneration, post-traumatic left and right knee instability/pain/arthritis, residuals for left shoulder injury and tinnitus.

On 26 May 04, HQ AFPC/DPPRSP advised the applicant that his Report of Separation for 22 Jan 47 was amended to reflect POW status in Germany from 24 Aug 44 to 24 Apr 45, and award of the POW Medal, the Defense Medal and the Air Force Reserve Medal.

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AIR FORCE EVALUATION:

HQ AFPC/DPPPR advises that, to be awarded the PH, a member must provide detailed evidence/documentation to support he was wounded as a direct result of enemy action and received treatment by medical personnel.  They assert there is no evidence the applicant had been injured as a direct result of enemy action.  Administrative corrections have been made to his Report of Separation, but award of the PH 1OLC should be denied.

A complete copy of the evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant feels he has provided more than enough information substantiating he was wounded as a result of enemy action. He was prevented from obtaining treatment from an American medical officer by an enemy more intent on stringing him up than patching him up.  By the time he was liberated from the POW camp nine months later, his wounds had healed and no further treatment was necessary.  Anyone who believes he could emerge without a scratch from an explosion that fragmented a B-24 aircraft has no imagination.  He has submitted pictures of the dedication ceremony and the plaque commemorating his aircraft that crashed near the Czech village where he was subsequently taken prisoner. 

A complete copy of applicant’s response is at Exhibit E.

On 1 Jul 04, the AFBCMR Staff requested the applicant to provide Attachments 8 and 9 of his application package, as they appeared to be missing.  He was advised his case would be held in abeyance for 14 days so that he could provide these documents; otherwise, his case would be processed with the evidence currently available.

In a 13 Jul 04 letter, the applicant advised Attachments 8 and 9 were only registry numbers with regard to his PH and POW medals.  He provides a statement from his bombardier describing the incident in question and attesting to the wounds received by members of the downed aircraft, including the applicant.  With this statement is a translated letter from an individual who was one of the German soldiers guarding the POWs, also describing the incident. 

The applicant’s complete response, with attachments, is at Exhibit G.

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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 error or injustice to warrant awarding the applicant his second PH.  The applicant’s available records reflect that “overwhelming enemy fighters” attacked the box formation in which he was flying, his plane caught fire and went into a spin, and that seven parachutes were seen bailing out from the B-24.  The 24 Aug 45 physical examination reported the applicant incurred abrasions on his legs when he bailed out over enemy territory on 24 Aug 44 and was immediately taken prisoner and treated by a German medical officer.  We found the detailed personal accounts by both the applicant’s bombardier and the German soldier interesting and extremely convincing.  There seems little doubt the applicant’s plane was disabled by enemy attack and the crew was forced to parachute out of the fiery, spinning aircraft that exploded and crashed over a Czechoslovakian village.  As the applicant himself so aptly put it, anyone who believes he could emerge without a scratch from an explosion that fragmented the B-24 has no imagination.  Further, the applicant appears to suffer to this day from the effects of the wounds he sustained while defending our country during WWII.  We therefore recommend this veteran be awarded the PH 1OLC for injuries directly caused by enemy action on 24 Aug 44.

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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 24 August 1945, he was awarded the Purple Heart for injuries received against an enemy of the United States while on a bombing mission over hostile enemy territory on 24 August 1944, and that the WD AGO Form 53-98, Military Record and Report of Separation, issued in conjunction with his honorable release from active duty on 22 January 1947, reflects he was awarded the Purple Heart, 1st Oak Leaf Cluster.

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The following members of the Board considered this application in Executive Session on 19 August 2004 under the provisions of AFI 36-2603:
All members voted to correct the records, as recommended.  The following documentary evidence relating to AFBCMR Docket Number BC-2004-00937 was considered:

   Exhibit A.  DD Form 149, dated 18 Mar 04, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPR, dated 25 May 04.
   Exhibit D.  Letter, SAF/MRBR, dated 4 Jun 04.
   Exhibit E.  Letter, Applicant, dated 13 Jun 04, w/atchs.
   Exhibit F.  Letter, AFBCMR, dated 1 Jul 04.
   Exhibit G.  Letter, Applicant, dated 13 Jul 04, w/atchs.

 

AFBCMR BC-2004-00937

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, on 24 August 1945, he was awarded the Purple Heart for injuries received against an enemy of the United States while on a bombing mission over hostile enemy territory on 24 August 1944, and that the WD AGO Form 53-98, Military Record and Report of Separation, issued in conjunction with his honorable release from active duty on 22 January 1947, reflects he was awarded the Purple Heart, 1st Oak Leaf Cluster.