RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01775
		INDEX CODE:  107.00

		COUNSEL:  NONE

	XXXXXXX	HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

Her deceased husband be awarded the Purple Heart (PH) medal for injuries sustained during World War II.

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APPLICANT CONTENDS THAT:

The former service member should have been awarded the Purple Heart medal at discharge.

In support of the appeal, applicant submitted letters from three former crewmembers explaining the circumstances of the former service member’s injury; a copy of the former member’s death certificate and his honorable discharge certificate, dated 5 Oct 45.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The former member enlisted in the Army Air Corps on 7 Jan 44.  His highest grade held was staff sergeant.  He was honorably discharged on 5 Oct 45 and was credited with 1 year, 9 months, and 19 days of active duty service.

WD AGO Form 53-55, Enlisted Record and Report of Separation - Honorable Discharge, item 34, Wounds Received in Action, states “NONE.”

The former member was awarded the Philippine Liberation Ribbon, Air Medal, with 2 oak leaf clusters, Good Conduct Medal, and the Asiatic Pacific Theater Ribbon, with 8 bronze stars.

The former service member died on 2 September 2003.

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AIR FORCE EVALUATION:

HQ AFPC/DPPPR reviewed this application and recommended denial.  They indicated the Purple Heart Medal is awarded for injuries suffered as a direct result of enemy action and must have received medical 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 passenger status because of the aircraft’s evasive measures against hostile fire.

DPPPR researched the former member’s personnel record and documents attached to the DD Form 149 and could not find any support for award of the PH.  

A complete copy of the evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 10 Sep 04 for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit D).

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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 warranting award of the Purple Heart medal.  After a thorough review of the applicant’s complete submission, including the statements submitted in the former member’s behalf from three fellow crewmembers, we are convinced the injury sustained by the applicant was the direct result of enemy action.  In November 1944, the former member received an injury to the head while serving as a gunner on a B-24 during a mission over Tarakan, Borneo.  In view of the above and in recognition of his service to the Nation during a period of national emergency and to preclude 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 he received in action against an enemy of the United States during a mission over XXXXX, in November 1944.

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The following members of the Board considered AFBCMR Docket Number BC-2004-01775 in Executive Session on 2 November 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 27 May 04, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ AFPC/DPPPR, dated 25 Aug 04.
     Exhibit D.  Letter, SAF/MRBR, dated 10 Sep 04.

AFBCMR BC-2004-01775

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 XXXXXXXX, XXXXXXX, be corrected to show that he was awarded the Purple Heart for injuries he received in action against an enemy of the United States during a mission over XXXXX, in November 1944.