RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03723 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: 1. His records be corrected to reflect he was awarded the Purple Heart medal (PH). 2. His records be corrected to reflect he was awarded the Distinguished Flying Cross (DFC). 3. His records be corrected to add two Oak Leaf Clusters to his previously awarded Air Medal with two Silver Oak Leaf Clusters. (ADMINISTRATELY CORRECTED) APPLICANT CONTENDS THAT: He was nominated for the DFC and two oak leaf clusters. He believes he deserves the Purple Heart. The applicant’s complete, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant is a former member of the Air Force who was discharged from active duty on 19 January 1945 in the grade of captain. After a review of the applicant’s master personnel records, AFPC/DPSID verified his entitlement to the Air Medal with two Silver Oak Leaf Clusters and two Bronze Oak Leaf Clusters and the World War II Victory Medal. His records will be updated accordingly upon final Board action. In accordance with Army Regulation (AR) 600-45, Decorations, dated 22 September 1943, 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. 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 letters prepared by the Air Force offices of primary responsibility which are included at Exhibits C and D. AIR FORCE EVALUATION: AFPC/DPSID recommends denial of the Distinguished Flying Cross and the Purple Heart medal. The Distinguished Flying Cross may be awarded to any person who, after 6 April 1917, while serving in any capacity with the United States Armed Forces, distinguishes themselves by heroism or extraordinary achievement while participating in aerial flight. The performance of the act of heroism must be evidenced by voluntary action above and beyond the call of duty. The extraordinary achievement must have resulted in an accomplishment so exceptional and outstanding as to clearly set the individual apart from comrades or from other persons in similar circumstances. Awards will be made only to recognize single acts of heroism or extraordinary achievement and will not be made in recognition of sustained operational activities against an armed enemy. There was no official documentation, however, verifying he was awarded, or recommended for the Distinguished Flying Cross. The applicant provided the second page of a document in which the Distinguished Flying Cross is annotated in the decorations received section. In addition, in the remarks section of this document it states the applicant has not yet received the Distinguished Flying Cross. This document was not within his official military personnel record nor did the applicant provide the front page of the document as to determine the validity of the document and the entries contained within. After a thorough review of the applicant's limited official military personnel record, his entitlement to the Purple Heart could not be verified. DPSID could not locate a signed certificate, Special Order or any other official documentation verifying the applicant was recommended for or awarded the Purple Heart. The complete AFPC/DPSID evaluation is at Exhibit C. AFHRA/RSA recommends denial of the Distinguished Flying Cross. They recommend approval for the Purple Heart and approval of the two Oak Leaf Clusters to his previously awarded Air Medal. After a thorough review of the applicant's official military personnel record AFHR/RSA was unable to verify award of the Distinguish Flying Cross. The applicant provided no documentation that the DFC was ever officially awarded, or that the award or any attempted submission for the award was made by his unit, peers, or superior officers. It is, however, obvious from the documentation submitted by the applicant, that he had an expectation of receiving the DFC. During the applicant’s service, Ninth Air Force issued their DFC policy on 20 December 1943 and it remained unchanged for the rest of the war. This policy declared that all recommendations for the DFC that were not based upon meritorious achievement or distinction would have to be approved by Headquarters Ninth Air Force. This mandate was intended to limit the number of such awards to only those who truly deserved them. A review of all DFCs awarded to the applicant’s unit revealed that only two navigators from the squadron were ever presented a DFC and they were presented posthumously. After a thorough review of the applicant's official military personnel record, no documentation was found to verify award of the Purple Heart Medal. However, the official history of the 586th Bombardment Squadron noted that on 13 June 1944, mission that “on the second run a burst of flak hit the nose of the ship seriously wounding the bombardier and slightly wounding the applicant.” The record further reflects the incident was not reported because two men in the ship had been wounded and the radio operator was administering first aid. The two men injured were the bombardier and the applicant. A review of Purple Heart recipients from the 586th Bombardment Squadron and other squadrons and the 394th Bombardment Group revealed a very troubling fact. Just because you were wounded by enemy action did not mean that you would receive a Purple Heart. This unit, and its parent headquarters, the 394th Bombardment Group, consistently divided up the severity of wounds received from enemy action as "slight" and "serious." In the June 1944 history of the 584th Bomb Squadron, the sister squadron to the 586th Bomb Squadron belonged to the 394th Bomb Group, it was noted that on the 13 June 1944 mission, one of their pilots was hit in the eye by a piece of flak, but the injury was "...not enough to justify a Purple Heart." There is no doubt that there was a culture in the 394th Bomb Group of only awarding Purple Heart medals for grievous and serious wounds and disregarding "slight" injuries. This violated U.S. Army policy and criteria for the award of the Purple Heart. It further explains why the applicant was never awarded the Purple Heart. This is an injustice. Subsequent medical documentation for the applicant's Physical Examination for Flying from January 1945 clearly states that after an Army Air Forces doctor examined the applicant, flak wounds were found on his hands, chin, and right cheek, and that he was treated for these wounds at Andrews Field, Essex, England for five days. There was a culture of downplaying all wounds inflicted by the enemy in the 394th Bombardment Group and its subordinate units unless it met the highly subjective criteria of “serious.” All physical wounds, regardless of severity, inflicted against an individual by an enemy of the United States merits the award of the Purple Heart medal. Additionally, the applicant was entitled to two additional Oak Leaf Clusters to affix to his Air Medal. Per General Order 32 and General Order 19, the applicant was authorized; however, never presented with the authorized awards. Further review of the applicant’s records show the applicant is also entitled to the European African Eastern Campaign Medal, the Distinguished Unit Citation, French Croix de Guerre with Palm, the American Campaign Medal and the World War II Victory Medal. The complete AFRHA/RSA evaluation, with attachments, is at Exhibit D. SAF/MRBP concurs with the recommendation of AFHRA/RSA to deny the applicant’s request for the DFC. They also concur with the AFHRA recommendation to approve the applicant’s request for the Purple Heart and two Oak Leaf Clusters to his previously awarded Air Medal. The complete SAF/MRBP evaluation is at Exhibit E. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 22 August 2014 (Exhibit E) for review and comment within 30 days. As of this date, no response has been received by this office. 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 an error or injustice with regard to the applicant’s request for the award of the Distinguished Flying Cross. We took notice of the available evidence of record and the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force offices of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not provided sufficient evidence to support he was submitted for, or awarded the DFC. 4. Notwithstanding the above, sufficient relevant evidence has been presented to demonstrate the existence of an injustice with regard to the applicant’s request for the award of the Purple Heart medal. We agree with the AFRHA/RSA and SAF/MRBP opinion and recommendation of the AFRHA/RSA and adopt their rationale as the basis for our conclusion that the applicant is entitled to the award of the PH. The evidence of record supports the applicant was wounded in enemy action on 13 June 1944 and treated for wounds to his hands, chin and right cheek for five days in January 1945; thus, meeting the criteria for the award of the Purple Heart. Additionally, we agree with the administrative corrections as noted by AFPC/DPSID. Therefore, we recommend the applicant’s record be corrected as indicated below. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show on 1 February 1945, he was awarded the Purple Heart Medal for wounds received while on a combat mission against an enemy of the United States on 13 June 1944. The following members of the Board considered AFBCMR Docket Number BC-2013-03723 in Executive Session on 25 September 2014, under the provisions of AFI 36-2603: All members voted to correct the records as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-03723 was considered: Exhibit A. DD Form 149, dated 27 Mar 13, w/atchs. Exhibit B. Applicant's Master Personnel Records Excerpts. Exhibit C. Letter, AFPC/DPSID, dated 2 Jun 14. Exhibit D. Letter, AFHRA/RSA, dated 14 Jul 14, w/atchs. Exhibit E. Letter, SAF/MRBP, dated 7 Aug 14. Exhibit F. Letter, SAF/MRBR, dated 22 Aug 14.