RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-01668
		INDEX CODE:  107.00

		COUNSEL:  NONE

		HEARING DESIRED: NO

MANDATORY CASE COMPLETION DATE:  28 NOV 2008

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APPLICANT REQUESTS THAT:

He be awarded the Combat Action Badge (CAB), the Purple Heart (PH) Medal, and any other awards he might be eligible for his service during World War II.

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APPLICANT CONTENDS THAT:

He was entitled to and offered the Purple Heart Medal after enemy action from 28 – 30 December 1944.  He was a truck driver for a US Army Quartermaster Truck Company, assigned to the 5th Air Force.  While serving on the LST-750, leaving the Philippines in December 1944, they encountered enemy attacks with torpedoes, gunfire, and kamikaze, causing the applicant’s ship to sink.  All members were ordered to abandon ship; he floated, hanging onto a life raft, while being strafed by Japanese plane gunfire.  He suffered a concussion, received injuries to the head, knees, and back.  Applicant has had back and knee problems ever since, and believes he should be eligible for the PH.

He believes his combat service in the Philippines meets the criteria to be awarded the CAB.

In support of his appeal, applicant submitted a personal statement; a letter from his daughter, and a comrade from his unit; copies of declassified documents and other supporting documents.

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

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STATEMENT OF FACTS:

Applicant was inducted in the Army Air Force on 4 March 1943.  He was progressively promoted to the grade of private first class.  He was honorably discharged on 17 January 1946 and credited with 2 years, 10 months, and 11 days of active duty service, with 2 months and 4 days of foreign service.  

Applicant’s WD AGO Form 53-55, Enlisted Record and Report of Separation, Honorable Discharge, reflects award of the Good Conduct Medal, Victory Medal, Asiatic Pacific Theater Campaign Ribbon, Philippines Liberation Ribbon, with Bronze Service Star.

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AIR FORCE EVALUATION:

HQ AFPC/DPSO reviewed this application and recommended denial, stating, in part, the Army CAB may be awarded to any soldier after the date of 18 September 2001 who performed duties in an area where hostile fire pay or imminent danger pay is authorized, who is personally present and actively engaging or engaged by the enemy, and performing satisfactorily in accordance with the prescribed rules of engagement.

HQ AFPC/DPSO’s complete evaluation is at Exhibit C.

HQ AFPC/DPPPR reviewed the applicant’s request and recommended deny for award of the Purple Heart Medal.  

To be awarded the PH, a member must provide documentation to support he was wounded as a result of enemy action.  Indirect injuries do not meet the PH criteria.  Indirect injuries include but are not limited to, disease, 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.  In addition, it is necessary that the wound required or received medical treatment by medical personnel.  Not all service-connected conditions were caused by enemy action.

According to the Department of Veterans Affairs (DVA) documentation states, “A review of the applicant’s service record was negative for any complaints of or treatment for headaches, concussion, low back strain, right knee condition.  The provided witness statement does not detail what injuries the applicant received.  DPPPR was unable to verify applicant being injured by direct enemy action.  No additional award entitlements were located in the applicant’s record.

HQ AFPC/DPPPR’s complete evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 17 August 2007 for review and comment within 30 days.  As of this date, no response has been received by this office (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 error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case; however, in respect to the applicant’s request for the Combat Action Badge, we found no evidence the applicant meets the eligibility for the Combat Action Badge.  

4.  Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  The evidence before us indicates that in December 1944, the applicant received injuries to the head, knees, and back when his ship encountered an enemy attack while leaving the coast of the Philippines.  After a thorough review of the applicant’s complete submission, including a letter from a fellow comrade, submitted in his behalf, the majority of the Board is persuaded he should be awarded the Purple Heart.  We considered the comments by the office of primary responsibility; nonetheless, after considering all the evidence presented, the majority of the Board is convinced the injuries he sustained were a direct result of enemy action.  Therefore, 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, the majority of the Board recommends his record 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 Medal for injuries he received in action against an enemy of the United States during a mission in December 1944.

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The following members of the Board considered AFBCMR Docket Number BC-2007-01668 in Executive Session on 27 September 2007, under the provisions of AFI 36-2603:

By a majority vote, the Board recommended the application be granted.  voted to deny, but he does not wish to submit a Minority Report. The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 24 Jul 06, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ AFPC/DPSO, dated 24 Jul 07.
     Exhibit D.  Letter, HQ AFPC/DPPPR, dated 1 Aug 07.
     Exhibit E.  Letter, SAF/MRBR, dated 17 Aug 07.