RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2007-01814
INDEX CODE:  107.00 
	XXXXXXXXXXXXXXXXXXX			COUNSEL: NONE

								HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  9 December 2008

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APPLICANT REQUESTS THAT: 

He be awarded the Purple Heart (PH) Medal.

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APPLICANT CONTENDS THAT:

He was injured during World War II when he had to crash land his P-47 Thunderbolt after the aircraft was hit by enemy ground fire on 12 September 1944.  He honestly believes he earned the PH.  

In support of his request, the applicant submits a personal statement; and copies of flight records; WD AGO Form 53, Military Record and Report of Separation Certificate of Service; a eyewitness statement; and correspondence in his attempts to receive the PH.   

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

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STATEMENT OF FACTS:

The applicant’s available military records indicate that, on 7 January 1944, he entered active duty in the Army Air Force at the age of 26 in the grade of second lieutenant.  He was progressively promoted to the grade of captain.  

The applicant’s flight record indicates he crash landed his P-47D aircraft in the Mediterranean Sea due to enemy action on 12 September 1944.  

The applicant was honorably discharged from active duty in the grade of captain on 27 May 1946.  He served 2 years, 4 months, and 20 days on active duty of which 1 year, 9 months and 23 days was foreign service.  

The applicant’s separation document indicates he performed duties as a Flight Test Maintenance Officer and participated in the Rome-Arno, Northern Apennines, and Southern France campaigns.  His separation document reflects he was awarded the Air Medal with one Bronze Oak Leaf Cluster, European African Middle Eastern Service Ribbon with three Bronze Battle Stars, American Theater Ribbon with three Overseas Service Bars, Distinguished Unit Badge, and the Victory Medal.  

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial of the applicant’s request for the PH medal.  DPPPR states the PH is awarded for wounds or death as a result of an act of any opposing Armed Force, as a result of an international terrorist attack, or as a result of military operations while serving as part of a peacekeeping force.  It appears the applicant’s injury was caused by indirect enemy action, when his aircraft froze, while returning back to his home base after his plane was hit by flak.  The applicant provides an eyewitness statement verifying the applicant was injured while returning back to his home base during a crash landing.  There is no evidence to indicate the applicant was injured due to direct enemy action.  

DPPPR states that on 27 June 2007, the Purple Heart Review Board (PHRB) considered and disapproved the applicant’s request for the PH.  

The DPPPR evaluation is at Exhibit B.  

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 27 July 2007, for review and comment within 30 days (Exhibit C).  As of this date, this office has received no response.

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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.  After a thorough review of the available records, the majority of the Board found no evidence that the individual is eligible for the award of the Purple Heart Medal.  The applicant’s contentions are duly noted; however, the majority of the Board believes he did not provide sufficient documentary evidence to substantiate his claim that he was wounded in action as a direct result of enemy action, or that he was recommended for, or awarded, the Purple Heart Medal.  According to the evidence presented, the applicant was injured in 1944 when his aircraft crash landed while returning back to his home base after his aircraft sustained damage from flak.  In the opinion of the majority of the Board, there is no indication in his records that his injuries met the criteria for award of the Purple Heart.  The personal sacrifice the applicant endured for his country is noted and the majority of the Board’s recommendation to deny the requested relief in no way diminishes the high regard they have for his service.  Nevertheless, in view of the above, the majority of the Board finds no basis to favorably consider this application. 

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RECOMMENDATION OF THE BOARD:

A majority of the Board finds insufficient evidence of error or injustice and recommends the application be denied.  

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The following members of the Board considered this application in Executive Session on 4 October 2007, under the provisions of AFI 36‑2603:

By a majority vote, the Board recommended denial of the application.  ----------- voted to correct the record as requested but did not wish to submit a minority report.  The following documentary evidence for AFBCMR Docket Number BC-2007-01814 was considered:

	Exhibit A.  DD Form 149, dated 28 Jun 06, with attachments.
	Exhibit B.  Letter, AFPC/DPPPR, dated 9 Jul 07.
	Exhibit C.  Letter, SAF/MRBR, dated 27 Jul 07.

						

AFBCMR BC-2007-01814

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 XXXXXXXXXXXXXXXXXXXXXXX, be corrected to show that he was awarded the Purple Heart for injuries he received in action against an enemy of the United States during a mission over Northern Italy, on 12 September 1944.

MEMORANDUM FOR THE	EXECUTIVE DIRECTOR, AIR FORCE BOARD 					FOR CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  XXXXXXXXXXXXXXXXXXXXXXXXXX, Docket Number: BC-2007-01814

After reviewing the complete evidence of record and the basis for the decision of the Board majority to deny the requested relief, I support the minority position and find a reasonable basis to grant the applicant’s request for award of the Purple Heart Medal.  

	I note that Army Regulation 600-45 (as amended) states, “A wound is defined as an injury to any part of the body from an outside force, element, or agent sustained as the result of a hostile act of the enemy while in action in the face of the enemy.  The applicant’s former commander provided a statement indicating the applicant’s injuries were the result of flak from enemy fire that destroyed his aircraft and caused him to crash land in the Mediterranean Sea.  In addition, his commander confirms the applicant sought and received medical treatment for the injuries he sustained from the incident.  In view of this statement and with the fact the applicant’s records were destroyed in the fire at the National Personnel Records Center; I believe the interest of justice can best be served by resolving this issue in favor of this World War II veteran.  

	Therefore, I direct the applicant’s records 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 over Northern Italy, on 12 September 1944.