RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-05131 (DECEASED) COUNSEL: NONE (APPLICANT) HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: Her deceased father be awarded the Purple Heart (PH) Medal. ________________________________________________________________ APPLICANT CONTENDS THAT: Her father was awarded the PH Medal while he was in France but the record was either not forwarded or inadvertently omitted by the discharge clerk. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The deceased former service member’s military personnel records indicate he enlisted in the Army Air Corps on 19 Oct 42. The deceased former service member’s military personnel records and documentation provided by the applicant indicate he was a Prisoner of War (POW) of the German government from 18 Mar 45 to 17 Oct 45. According to the Missing Air Crew Report, dated 18 Mar 45, the applicant was assigned as a Waist Gunner on the aircraft that was lost or believed to have been lost as a result of enemy anti-aircraft. According to the applicant’s WD AGO Form 53-55, Enlisted Record and Report of Separation, dated 6 Dec 45, the applicant was honorably discharged and was credited with 3 years, 1 month, and 18 days of total active service. According to Block 34, Wounds Received in Action, the applicant sustained injuries in Berlin, Germany on 18 Mar 45, which is the date his aircraft was shot down in action. On 11 Jun 12, AFPC/DPSIDR notified the applicant that they were able to verify the deceased former member’s entitlement to the POW Medal and American Campaign Medal (ACM); however, they were unable to provide the ACM due to their stock being depleted. In accordance with Army Regulation (AR) 600-45, Decorations, dated 22 September 1943, during the period in question, the PH Medal 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 Medal, 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 Medal 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. In addition, a wounded soldier’s unsupported statement could be accepted in unusual or extenuating circumstances when, in the opinion of the officer making the award, no corroborative evidence was obtainable. However, the statement would be substantiated if possible. The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility which is attached at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSID recommends denial, indicating there is no evidence of an error or injustice. The deceased former service member’s official military personnel record was destroyed in the 1973 fire at the National Personnel Records center. The documentation provided by the applicant does not indicate the exact date in which the deceased former service member was wounded, and no medical documentation or witness statements were provided. The WD AGO Form 53-55, Enlisted Record And Report Of Separation Honorable Discharge, indicates in block 34, “Wounds Received In Action – Berlin Germany 18 Mar 45;” however, entries in this block are for combat and non-combat related wounds. Therefore, to grant the applicant relief would be contrary to the established eligibility criteria. A complete copy of the AFPC/DPSID evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Contrary to the opinion of the Air Force office of primary responsibility, the statement in section 34 of the WD AGO 53-55 clearly indicates “in action” and refers to injuries as a result of hostile enemy action. Furthermore, the several supporting statements she provides are more than sufficient to establish that her deceased father sustained a qualifying injury when his plane was shot down by the enemy. The ship was a burning skeleton from the damage sustained by enemy flack, as evidenced by the statements indicating the aircraft had sustained heavy damage due to flak and indicating that crew members left the plane through holes in the fuselage caused by the enemy attack. Her deceased father was treated for his injuries by the enemy, but no records were recovered when his POW camp was liberated by the Russians. Ultimately, the evidence she presents should be sufficient to conclude that her deceased father was indeed awarded the PH Medal and she cites 11 previous similar cases that were resolved in favor of the applicant by the AFBCMR. A complete copy of the applicant’s response is at Exhibit E. ________________________________________________________________ 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. After a thorough review of the applicant’s complete submission, including her response to the advisory opinion rendered in this case, we believe that a preponderance of the evidence indicates that her deceased father’s injuries were the direct result of enemy action during combat operations when his Bomber (B-17) aircraft was shot down over Berlin, Germany on 18 Mar 45. In this respect, we note that his WG ADO 53-55 indicates that he received wounds in action in Berlin, Germany on the very date his aircraft was shot down. While we note the comments of the Air Force office of primary responsibility indicating that such entries could relate to combat or non-combat related injuries, we find it substantially more likely that these wounds were the result of enemy action and therefore met the criteria for the award of the PH Medal under the criteria in effect at the time. Therefore, we recommend the deceased former member’s records be corrected as indicated below. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the DECEASED FORMER MEMBER be corrected to show that he was awarded the Purple Heart (PH) Medal for injuries he sustained on 18 Mar 45 during action against an enemy of the United States when his B-17 aircraft was shot down during a mission over Germany during World War II. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-05131 in Executive Session on 18 Jul 13, 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 13 Oct 12, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSID, dated 19 Feb 13. Exhibit D. Letter, SAF/MRBR, dated 24 Feb 13. Exhibit E. Letter, Applicant, dated 6 Mar 13. Panel Chair 4