RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER:	BC-2008-03219 INDEX CODE:	111.01
XXXXXXX	COUNSEL:	NONE HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
His records be corrected to reflect he was awarded the Purple Heart (PH).

APPLICANT CONTENDS THAT:
The PH was offered to him for an injury that occurred in Tunisia during a German bombing. At the time he did not accept the PH because he felt he did not deserve the same honor as others who were missing body parts and regrets he refused it. He was injured the day of his arrival and saw an aircraft drop numerous bombs in front of a school which blew the shutters and the frame past him. He assisted a woman and child to a bomb shelter. While helping wounded personnel, blood began running from his ears and affected his hearing. He was directed to the medical facility where a nurse tried to assist him with completing the paperwork for receipt of the PH. He has since been treated and compensated for his injury.

In support of his request, the applicant provided a personal statement from his granddaughter, copies of his WD AGO Forms 53, Enlisted Record and Report of Separation Honorable Discharge; his Honorable Discharge certificates, WD AGO Form 58, Army of the United States appointment certificates, Fingerprints; NA Form 13059, Transmittal and/or Entitlement to Awards and various other documents associated with his request.

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

STATEMENT OF FACTS:
The applicant’s military personnel records were destroyed by fire in 1973 in St. Louis. Therefore, all the facts surrounding his request cannot be verified. Data extracted from his reconstructed records reflects that he served in the Army Air Corps between 19 February 1941 and 1 September 1945 and was honorably discharged in the grade of first sergeant.

AIR FORCE EVALUATION:
AFPC/DPSIDR recommends denial. DPSIDR states his WD Form 53, section 34, states “No wounds received in action.”  The Department of Veteran Affairs submitted medical paperwork from October 1945 to September 1994 making note of a ruptured ear drum. With no  eyewitness statements or official military documentation, DPSIDR recommends disapproval of the PH.

The complete DPSIDR evaluation is at Exhibit B.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on
21 November 2008, for review and response.	As of this date, no response has been received by this office (Exhibit C).

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. In this respect, since the applicant 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 reasonable doubt as to whether the injuries he claims he suffered during a bombing in Tunisia, qualify for award of the PH. We believe the benefit of the 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 Tunisia during World War II.

The following members of the Board considered AFBCMR Docket Number BC-2008-03219 in Executive Session on 29 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 31 July 2008, w/atchs. Exhibit B.	Letter, AFPC/DPSIDR, dated 11 November 2008. Exhibit C.	Letter, SAF/MRBR, dated 21 November 2008.

Panel Chair

Office of the Assistant Secretary

DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC

AFBCMR BC-2008-03219

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 XXXXXXX, XXXXXXX, be corrected to show that, he was awarded the Purple Heart for injuries he received in Tunisia during World War II.

Director
Air Force Review Boards Agency