RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER:	BC-2008-03050 INDEX CODE: 107.00
COUNSEL:	DVA HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH) Medal.

APPLICANT CONTENDS THAT:
He was shot down in Germany and held as a Prisoner of War (POW) for almost two years. He sustained injuries when he ejected from his aircraft which was being shot down by Germans. His injury occurred after he bailed out of the burning aircraft and landed on a barbwire fence suffering a severe groin contusion and an ear laceration.

In support of his request, the applicant provided a personal statement, personal statements from his son, copies of news articles, copies of two pages from his retirement physical, and his DD Form 214.

His complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:
The applicant served over 20 years in the Air Force Reserve and retired in the grade of major (0-4) on 1 August 1958.

On 6 February 1947, the Adjutant General, by order of the Secretary of War, did not favorably consider his request for award of the PH.

He was awarded the POW medal for time served as a POW.

AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial. DPPPR states that the PH is awarded for injuries as a direct result of enemy action. The applicant did not provide any medical records that document the incident or eyewitness statements that support his contentions. In order for him to be considered by the Purple Heart Review Board (PHRB), he must meet several criterion; 1) provide a

personal statement of the specific event, 2) provide medical documentation reflecting the occurrence and any treatment received, and 3) if possible, eyewitness account of the incident who can confirm the episode actually happened.

The complete DPPPR evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant on 7 November 2008 for review and comment within 30 days.  As of this date, this office has received no response.

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 error or injustice. It is our opinion that the applicant has provided sufficient evidence which establishes that his injuries meet the criterion for award of the PH. In this respect, since the applicant's injuries could not be annotated in his medical records while he was a POW and he is understandably unable to provide eyewitness accounts at this point; based on the evidence provided and having no reason to question his integrity in this matter, we believe he has established a reasonable basis to conclude that the injuries he claims he suffered after the forced bailout of an aircraft over enemy territory qualify for award of the PH. We believe the benefit of doubt in this matter should be resolved in his favor and that his records should be corrected accordingly. In view of the foregoing, we recommend that his records be corrected as indicated below.

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 during a mission over Kassel, Germany, on July 28, 1943.

The following members of the Board considered AFBCMR Docket Number BC-2008-03050 in Executive Session on 15 January 2009, under the provisions of AFI 36-2603:

Panel Chair 
Member
Member
All members voted to correct the records, as recommended. The following documentary evidence was considered:

Exhibit A.	DD Form 149, dated 27 May 2008, w/atchs. Exhibit B.	Applicant's Master Personnel Records.
Exhibit C.	Letter, AFPC/DPPPR, dated 22 October 2008. Exhibit D.	Letter, SAF/MRBR, dated 7 November 2008.

Panel Chair