RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2007-01984
								INDEX CODE:  107.00
	XXXXXXX					COUNSEL:  NONE

								HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be corrected to reflect entitlement to the Purple Heart (PH). 

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APPLICANT CONTENDS THAT:

On 17 August 1943, he was participating in aerial flight as a ball-gunner aboard a B-17 aircraft which was conducting a ball-bearing bombing raid in Schweinfurt, Germany.  The flak the aircraft encountered was the heaviest he had seen to date, and his aircraft suffered a great deal of damage.  Despite this, they were able to complete their bombing mission and the formation headed back to England.  However, his aircraft was unable to keep up with the formation and the FW-190s concentrated on them, shooting out a couple of their engines and setting the aircraft on fire.  They were given orders to bail-out, and he was injured when he landed in a fruit orchard in Boirs, Belgium, breaking his arm and suffering other bruises when he crashed into an apple tree.  He was unable to get medical help as the Germans were everywhere, and his arm eventually healed.

In his discharge papers under the item titled “Wounds”, it was marked “None” because his injuries resulted from a forced bail-out; thus, he believed the category of wounds did not apply.

In support of his appeal, he has provided copies of numerous documents pertaining to his Congressional Inquiry and the Congressional interest of U.S. Congresswoman Ginny Brown-Waite, a personal statement, two statements, one notarized, from former members of the Belgian underground attesting to the Belgian underground assisting him by cutting him out of the apple tree he landed in after his bail-out, burning his parachute, hiding him from German patrols in the area, moving him to a safe-house, attempting to set his broken arm, and assisting him in escaping to Liege where his broken arm was set and several large bruises were treated, a statement from a National Program Consultant of the Veterans Administration Blind Rehabilitation Service attesting to his landing in an apple orchard in the Belgian village of Boirs which resulted in a broken arm that healed while he hid from the German Army, a statement forwarding pictures of his being led away from the wreckage by members of the Belgian underground, newspaper articles describing his experience and rescue, photographs pertaining to his experience and rescue, his Honorable Discharge certificate from the Army of the United States, and his Enlisted Record and Report of Separation Honorable Discharge.  

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

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STATEMENT OF FACTS:

The applicant was inducted into the United States Army on 15 August 1942, and served with the Army Air Force (AAF) as a flexible gunnery instructor until his separation in the grade of technical sergeant (TSgt – E-6) on 9 October 1945.  He is entitled to wear the European-African-Middle Eastern Ribbon, Distinguished Flying Cross, Air Medal with 8 Oak Leaf Clusters, and the Carbine and AAF Air Crew Member Badges.  His Enlisted Record and Report of Separation Honorable Discharge, Item 34, Wounds Received in Action, reflects “None”.

The applicant’s request for award of the PH was considered by the Air Force Personnel Center (AFPC) Purple Heart Review Board (PHRB) on 7 August 2007.  The PHRB disapproved the application due to the lack of documentation to support the claim of wounds received as a direct result of enemy action.

In accordance with Army Regulation (AR) 600-45, Decorations, dated 22 Sep 43, during the period in question, the PH was awarded for wounds received in action against an enemy of the United States, or as a direct result of an act of such enemy, provided such wound necessitated treatment by a medical officer. For the purpose of awarding the PH, a wound was 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, or while in action in the face of the enemy.  When a person eligible for award of the PH was treated for a wound, the commanding officer of the hospital, or the medical officer who treated the wound, furnished the commanding officer of the wounded person a certificate briefly describing the nature of the wound, and certifying the necessity of treatment.  

On 8 January 2008, AFPC/DPSIDR verified the applicant’s entitlement to the PUC for his assignment with the 381st Bomb Group, and has taken action to have his DD Form 214 corrected to reflect this award.

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial of the applicant’s request for award of the PH due to the 7 August 2007 PHRB denial.

The AFPC/DPPPR evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the AFPC/DPPPR evaluation was forwarded to the applicant on 31 August 2007, for review and comment, within 30 days.  However, 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.  We note that AFPC has taken action to have his DD Form 214 corrected to reflect award of the PUC.  Therefore, the only remaining issue before this Board is his request for entitlement to the PH.  In this respect, we note the governing regulation at that time stated the PH would be awarded for wounds received in action against an enemy of the United States, or as a direct result of an act of such enemy.  In support of his appeal, the applicant submitted two eyewitness statements from former members of the Belgian underground attesting to the fact that they assisted him by attempting to set his broken arm and evade capture.  We believe the applicant has demonstrated that he was injured as a direct result of enemy action and his wound necessitated medical treatment.  In view of the foregoing, we recommend that his records 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 for injuries he received in action against an enemy of the United States in a B-17 aircraft during a mission over Boirs, Belgium, on 17 August 1943.

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The following members of the Board considered Docket Number BC-2007-01984 in Executive Session on 21 February 2008, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 15 May 07, w/atchs.
    Exhibit B.  Applicant's Available Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 28 Mar 07.
    Exhibit D.  Letter, SAF/MRBR, dated 31 Aug 07.
    Exhibit E.  Letter, AFBCMR, dated 26 Oct 07.
    Exhibit F.  Letter, AFPC/DPSIDR, dated 8 Jan 08, w/atchs.