RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-01675
		INDEX CODE:  107.00
		COUNSEL:  NONE

	 	HEARING DESIRED:  NOT INDICATED

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APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) Medal for an injury he sustained when his aircraft was shot down on 4 Aug 44, and any other awards to which he may be entitled.

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APPLICANT CONTENDS THAT:

He was hit by shrapnel in his ankle and sustained an injury by enemy fire on 4 August 1944.  His plane was shot down and he was treated for his wounds by the Germans and held as a prisoner of war (POW).

In support of his request, applicant submits a statement from his daughter, excerpts from his military personnel records, a statement from his former squadron commander and his personal statement detailing the events of his capture on 4 Aug 44.

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

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STATEMENT OF FACTS:

The applicant’s military personnel records were destroyed by fire at the National Personnel Records Center (NPRC) in 1973.  His available records reflect he enlisted in the Army on 28 Apr 41, and was honorably discharged on 2 Nov 43.  He was commissioned a second lieutenant in the Army Air Corps on 3 Nov 43, promoted to the grade of first lieutenant and honorably relieved from duty on 5 Jun 47.   He reenlisted as a master sergeant on 17 Jun 47, and was honorably discharged on 3 Mar 53.  He served a total of 11 years, 9 months, and 28 days military service.

On 29 Aug 07, his records were administratively corrected to reflect award of the POW medal, the Army Good Conduct medal with Army Loops, the American Campaign medal, the European-African-Middle Eastern Campaign medal, the World War II Victory medal, the National Defense Service medal and the Honorable Service Lapel Button WWII.

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial.  DPPPR states in part, the applicant did not provide medical documentation to substantiate injuries received were a direct result of enemy action.  He was also notified of the criteria to submit documentation for review to the Purple Heart Review Board.

The DPPPR evaluation is attached 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 14 Sep 07, for review and comment within 30 days.  As of this date, no response has been received by this office.

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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 warranting the award of the PH.  After a thorough review of the applicant’s submission, the majority of the Board is persuaded by the applicant's assertion concerning his alleged injury, the corroboration of his story by other former POWs stating he was shot in the left ankle, was injured during combat and received medical treatment by his captors.  The absence of any information pertaining to the asserted wounds from the existing records is not surprising considering the member was captured and held as a POW from 4 Aug 44 to 29 Apr 45, which prevented the proper documentation of his medical records.  The Board notes, a complete review of the applicant’s records verified his entitlement to the POW medal, the Army Good Conduct medal with Army Loops, the American Campaign medal, the European-African-Middle Eastern Campaign medal, the World War II Victory medal, the Nation Defense Service medal and the Honorable Service Lapel Button, WWII.  Also, further review of his records verified his entitlement to the Air Medal with one Oak Leaf Cluster.  His records will be administratively corrected to reflect these medals.  In view of the foregoing and in recognition of his service to the Nation, it is the majority of the Board’s opinion that any doubt concerning the applicant’s entitlement to the PH should be resolved in his favor and his records should be corrected as 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 in a B-24 aircraft during a mission over England, on 4 August 1944.

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The following members of the Board considered Docket Number BC-2007-01675 in Executive Session on 4 Dec 07, under the provisions of AFI 36-2603:

By a majority vote, the Board voted to correct the records, as recommended.  XXXXXXXXXX voted to deny the applicant’s request, and has submitted a minority report, which is attached at Exhibit E.  

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 15 Feb 07, w/atchs.
	Exhibit B.	Applicant's Available Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPPPR, dated 29 Aug 07.
	Exhibit D.	Letter, SAF/MRBR, dated 14 Sep 07.
	Exhibit E.	Minority Report, dated 28 Mar 08.