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AF | BCMR | CY2001 | 0002397
Original file (0002397.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                 DOCKET NUMBER:  00-02397
                       INDEX CODE:  107.00
                       COUNSEL:  NONE INDICATED

                       HEARING DESIRED:  NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) Medal.

___________________________________________________________________

APPLICANT CONTENDS THAT:

While surrounded on Hill 700 Bougainville for  more  than  a  week  in  late
November 1943-1944, he received shrapnel wounds  to  his  arms,  thighs  and
legs on two separate occasions and his wounds were tended by field medics.

In support of the application, the applicant provides a personal  statement,
a statement from a former soldier, copy of  his  separation  record,  and  a
copy of a news article from the Internet.

A complete copy of the submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

The majority of the applicant's records were lost or destroyed  and  efforts
at reconstruction have been unsuccessful.  The following is  extracted  from
the applicant's limited available service records.

The applicant was inducted into the United States Army on  26 November  1941
and was thereafter ordered to active duty.  He performed duty  as  a  combat
infantryman and served in the South Pacific Theater of  Operations  from  16
July 1942 to 2 November 1944.  He was honorably discharged in the  grade  of
Private First Class on 4 September 1945.   He  received  the  Asian  Pacific
Theater  Service  Medal,  the  American  Defense  Service  Medal  with  four
Overseas Service Bars and the Army Good Conduct Medal.

__________________________________________________________________

AIR FORCE EVALUATION:

The Recognition Programs  Branch,  AFPC/DPPPR,  indicated  that  the  PH  is
awarded for wounds received as a direct result of enemy action.  The  member
must provide documentation to support the injury was as a direct  result  of
enemy action and that he received medical  treatment  by  medical  personnel
for said wound.  Indirect  injuries  which  do  not  meet  the  PH  criteria
include, but are not limited to, injuries  received  while  seeking  shelter
from mortar or rocket attacks, aircraft accidents,  grenades,  diseases  and
exposure.  On 9 February 2001 DPPPR notified the applicant of  the  criteria
required for the award of the Purple Heart Medal and to  provide  additional
information to include any eyewitness statements, which  would  substantiate
his claim.  The applicant failed to respond to this request and there is  no
evidence in the applicant's records that he had been injured as a result  of
direct enemy action.  Therefore, DPPPR recommends  the  applicant's  request
be denied.

A complete copy of the advisory is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and in rebuttal submitted  a
statement from a  former  soldier  that  was  submitted  with  his  original
application (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.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of probable error or injustice  warranting  award  of  the  Purple
Heart (PH).  We took  notice  of  the  applicant’s  complete  submission  in
judging the merits of the case including the letter from  a  former  soldier
indicating that the applicant was wounded on Hill 700 Bougainville in  1943.
 However, there was  no  evidence  presented  indicating  he  was  medically
treated for any wounds during that timeframe.  Should the  applicant  secure
documentation in suuport of his assertion  in  the  form  of  statements  of
possible witnesses to  the  events  under  review;  or,  evidence  from  his
medical records or from the Veterans Administration indicating the  presence
of wounds or  scars  which  could  have  been  the  result  of  injuries  he
inidcates he suffered, the Board would reconsider  his  application.   While
we are not unmindful or unappreciative of the  applicant’s  service  to  the
nation , in the absence of evidence to support that  he  was  wounded  as  a
result of enemy action, we agree with the opinion of the Air Force and  find
no compelling basis to warrant favorable consideration of this application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of probable material error or injustice; that the  application
was denied without a personal appearance;  and  that  the  application  will
only be reconsidered  upon  the  submission  of  newly  discovered  relevant
evidence not considered with this application.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 11 April 2001, under the provisions of AFI 36-2603:

      Mrs. Barbara A. Westgate, Chair
      Mrs. Carolyn J. Watkins, Member
      Mr. Clarence D. Long, III, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 3 Apr 00 w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 2 Feb 01.
    Exhibit D.  Letter, SAF/MIBR, dated 23 Feb 01.
    Exhibit E.  Applicant’s Letter, dated 27 Feb 01.




                                   BARBARA A. WESTGATE
                                   Chair

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