RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-01284
		INDEX CODE:  107.00
		COUNSEL:  NONE

		HEARING DESIRED:  NO

MANDATORY COMPLETION DATE:  27 OCTOBER 2008

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APPLICANT REQUESTS THAT:

His records be corrected to show he was awarded the Purple Heart (PH) medal.

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APPLICANT CONTENDS THAT:

He should have received the PH medal at the same time the five men in his unit that were wounded received it.  He did not realize top-secret records had been declassified and made available.  These records prove that he was wounded while on duty in Metz, France, on January 7, 1945, when a German mine exploded.  Official records show that five men received the PH citation at that time.  

He was injured by shrapnel fragments, but he did not go to the hospital.  Although he was severely bleeding, he had the wound field dressed because he had just recently been reunited with his unit for about a week due to a two month stay in the hospital for a broken ankle.

In support of his request, the applicant submits his personal statement, copies of excerpts from the book "Second to None," a letter from a doctor, certified eyewitness statements, and a copy of a report excerpted from his medical records.

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

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STATEMENT OF FACTS:

The applicant’s service records were damaged by fire in 1973 at the National Personnel Records Center, St. Louis, MO.  As a result, the following is the only known information pertaining to the applicant’s service and was extracted from the partially reconstructed record and from documents provided by the applicant.

On 10 Aug 42, the applicant was inducted into the Army Air Force where he performed duties as an Airplane Crew Chief.  The applicant served an overseas tour in the European Theater of Operations (ETO) from 8 Jan 44 to 11 Oct 45.  He participated in the Air Offensive Europe, Ardennes, Central Europe, Normandy, and Northern France battles and campaigns.  He was awarded the Bronze Star Medal (BSM), the Distinguished Unit Badge (DUB), and the European-African-Middle Eastern Service Medal (EAMES).  On 22 Oct 45, the applicant was honorably discharged from active duty service in the grade of Staff Sergeant for convenience of the government.  He served 1 year, 4 months and 11 days of continental service and 1 year, 9 months and 18 days of Foreign Service.

Item 34, Wounds Received in Action, on his discharge certificates indicates "None."

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AIR FORCE EVALUATION:

HQ AFPC/DPPPR recommends denial.  DPPPR states to be awarded the PH, a member must provide documentation to support he was wounded as a direct result of enemy action.  Indirect injuries do not meet the PH criteria.  Indirect injuries include but are not limited to, diseases, exposure, injuries received while seeking shelter from mortar or rocket attacks, aircraft bombings, grenades, and injuries incurred while serving as an aircraft member or in a passenger status, as a result of the aircraft's evasive measures against hostile fire.

DPPPR notes the incident was declared an accident and not as a direct result of enemy action.  Both the document and book excerpt submitted by the applicant state the incident that occurred was an accident.  

DPPPR concludes the applicant's package was reviewed and denied by the Purple Heart Review Board on 4 Jun 07.

The complete DPPPR evaluation is at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his response dated 19 Jul 07, the applicant disagrees with the findings of the Air Force evaluation, and resubmits documentation included with his initial application.

The applicant's complete submission is at Exhibit E. 

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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 the award of the Purple Heart medal.  The applicant has provided evidence that he was physically present at the time of the incident and the medical documentation submitted confirms forehead scarring consistent with a shrapnel injury.  In addition, the incident was corroborated by a retired Lieutenant General who was the Fighter Group Ops officer at the time of the occurrence.  In view of the foregoing and in recognition of his service to the nation, it is our opinion that the request should be resolved in the applicant's favor.  Therefore, we recommend that his records be corrected as indicated below.

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THE BOARD DETERMINES THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that he was awarded the Purple Heart for injuries received in action against an enemy of the United States while on duty in Metz, France when a German mine exploded on 7 January 1945.
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The following members of the Board considered AFBCMR 2007-01284 in Executive Session on 9 Aug 07 and 12 Dec 07, under the provisions of AFI 36-2603:

				XXXXXXXXXX, Panel Chair
				XXXXXXXXXX, Member
				XXXXXXXXXX, Member

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

	Exhibit A.	DD Form 149, 18 Apr 07, w/atchs.
	Exhibit B.	Applicant's Available Master Personnel Records.
	Exhibit C.	Letter, HQ AFPC/DPPPR, dated 15 Jun 07.
	Exhibit D.	Letter, SAF/MRBR, dated 3 Jul 07.
	Exhibit E.	Letter, Applicant's Response, dated 19 Jul 07.

					XXXXXXXXXX
					Panel Chair