RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2007-01410
								INDEX CODE:  100
								COUNSEL:  NONE

								HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  6 November 2008

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APPLICANT REQUESTS THAT:

His records be corrected to reflect that he was awarded the Purple Heart (PH).

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APPLICANT CONTENDS THAT:

He was awarded the PH in 1944 while still in the hospital receiving medical treatment for wounds he received during a forced bail-out at 20,000 feet when his aircraft was hit by enemy flak over France; however, the documentation never made its way into his military records.

In support of the appeal, applicant submits his personal statement and a 28 January 1944 letter indicating that on that date he was treated for injuries sustained during a forced bail-out.

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

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STATEMENT OF FACTS:

The applicant is a former member of the Army Air Corps who served on active duty from 23 June 1942 to 9 September 1945 as a P-38 and B-17 pilot.  He served in the European Theatre of Operation from 4 November 1943 through 20 March 1945, and was awarded four Air Medals for meritorious achievement in accomplishing with distinction many hours of reconnaissance operations.

On 16 May 1943, the applicant’s P-38 aircraft crashed, and he received a severe cerebral concussion for which he was hospitalized for several weeks.

On 28 January 1944, he was hospitalized for injuries, i.e., right eyebrow abrasion, pain in the lumbar region, and right shoulder, he received on 25 January 1944 after bailing-out from a fighter aircraft.

The PH is awarded for wounds received as a direct result of enemy action (i.e., gunshot or shrapnel wounds, hand-to-hand combat wounds, forced aircraft bail-out injuries, etc.) that required or received treatment by medical personnel. 

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AIR FORCE EVALUATION:

AFPC/DPPPRA recommends the application be denied, and states, in part, that to be awarded the PH a member must provide documentation to support he was wounded as a direct result of enemy action and must have received treatment by medical personnel.  Official documentation in his records indicates he was involved in two aircraft incidents; however, both were accidents and not due to enemy action.  There is no documentation to verify that he was ever injured due to enemy action.

The AFPC/DPPPRA evaluation, with attachments, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On the date in question, his aircraft was struck by flak and while attempting to exit the aircraft, he injured his shoulder and stuck his head on something which knocked him out.  Due to his injured shoulder he could not initially reach the “rip cord” to deploy his parachute and fell about 18,000 feet prior to doing so.  There was no ice involved in the incident.

Applicant’s complete response 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.  Insufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice.  After thoroughly reviewing the evidence of record, we are not persuaded the wounds applicant received meet the criteria for award of the Purple Heart (PH).  The PH is awarded for wounds received as a direct result of enemy action (i.e., gunshot or shrapnel wounds, hand-to-hand combat wounds, forced aircraft bail out injuries, etc.) that required or received treatment by medical personnel.  In the applicant’s case, it is uncontested that his injuries were caused by forced bail out of his aircraft and that his injuries required and received treatment by medical personnel.  Therefore, the only remaining question before us is whether the damage to the aircraft was caused as a direct result of enemy action.  Although the applicant contends the damage was caused by flak, his official military records indicate both aircraft incidents he was involved in were accidents and not as a direct result of enemy action.  In this respect, we note his records contain a Headquarters 8th Reconnaissance Wing letter, dated 1 April 1944, which indicates the applicant’s aircraft was damaged after he got into a dive due to ice forming at high altitude and was forced to abandon the aircraft at a speed in excess of 625 miles per hour; and that almost exactly one year earlier, he was involved in a very severe aircraft accident which left him unconscious for an undetermined period.  Although we are not questioning his recollection of the events some 60 years later, we must rely on the official documentation before us which indicates that his injuries were not the direct result of enemy action.  The personal sacrifice the applicant has endured for his country is noted and our decision should in no way lessen his extraordinary service; however, in the absence of evidence that his injuries were a direct result of enemy action, we find no compelling basis to recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered Docket Number BC-2007-01410 in Executive Session on 11 September 2007, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 2 May 2007.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memo, AFPC/DPPPR, dated 17 May 07.
    Exhibit D.  Letter, SAF/MRBR, dated 1 Jun 07.
    Exhibit E.  Letter, Applicant, dated 8 Jun 07.