RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02056
		INDEX CODE:  107.00
XXXXXXXXXXXXXX	COUNSEL:  XXXXXXXXXXXXX

XXXXXXXXXXXXXX	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be corrected to reflect award of the Purple Heart (PH) Medal.

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APPLICANT CONTENDS THAT:

Due to a change in flight surgeons, the award of the PH was overlooked.

In support of his request, the applicant submits a personal statement, Individual Flight Records, exerts from History of the 460th Fighter Squadron for the period 1 May 1945 through 31 May 1945, where it indicates applicant was injured by flying plexiglass from the canopy, a copy of a Special Order, and a copy of his Military Record and Report of Separation-Certificate of Service.

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

In addition, in further support of his appeal, applicant provided a document from a civilian medical doctor indicating his scars are consistent with his injury reported.

Applicant’s conplete statement, with atchments, is attached at Exhibit C.

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STATEMENT OF FACTS:

The applicant’s available records show that he was commissioned a second lieutenant in the Army Air Corp on 8 February 1944.  He served in Air Offensive Japan, China offensive, Bismarck Archipelago, New Guinea, and Luzon Southern Philippines battles and campaigns as a Fighter Pilot.  His Military Record and Report of Separation-Certificate of Service, reflects award of the Air Medal w/4OLC, the Asiatic Pacific Service Medal, and the Philippine Liberation Ribbon w/1BS.

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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.  After a thorough review of the applicant’s submission, we are persuaded by the applicant's assertion and the statement provided from his doctor.  The medical statement reveals that upon examination of the applicant, scars on his face are consistent with injuries he received from splinters of plexiglass when his aircraft was hit by antiaircraft fire.  In view of the foregoing and in recognition of his service to the Nation, it is our opinion that any doubt concerning the applicant’s entitlement to the PH Medal should be resolved in his favor.  Accordingly, we recommend that 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 on 20 May 1945, for injuries he received in action against an enemy of the United States in the Republic of the Philippines.

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The following members of the Board considered Docket Number BC-2004-02056 in Executive Session on 14 September 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 20 May 04, w/atchs.
	Exhibit B.	Applicant's Available Personnel Records.
	Exhibit C.	Letter, Applicant, undated, w/atchs.

AFBCMR 2004-02056

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 XXXXXXXXXXXX, be corrected to show that he was awarded the Purple Heart on 20 May 1945, for injuries he received in action against an enemy of the United States in the Republic of the Philippines.