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AF | BCMR | CY2001 | 0002861
Original file (0002861.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  00-02861
            INDEX CODE:  107.00
            COUNSEL:  NONE

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) medal.
_________________________________________________________________

APPLICANT CONTENDS THAT:

On 7 Dec 41, during the attack on  Pearl  Harbor,  he  dove  to  the  ground
during  a  bomb  attack  and  was  completely  covered  with  rocky  debris.
Although quite sore, he was able to dig himself out.  Several days later  he
noticed that his back was black and blue and that he  had  been  bleeding  a
little.  On 8 Dec 41, while taking off on a search mission, his  window  was
shot out and pieces of glass pierced his arms.  A crew member  bandaged  his
arms and he completed the mission with no other ill effects.  On 1  Jan  42,
his aircraft caught fire during take-off,  he  received  burns  on  his  arm
which were bandaged by the firemen.   On  2  Aug  42,  while  on  a  bombing
mission, he was hit by several pieces of flak in his chest  and  right  leg.
He removed the pieces of shrapnel himself.  Since they were all  trained  in
first aid at the time, he bandaged  his  own  wounds  with  the  help  of  a
crewmember and considered that sufficient.

In support of his request applicant provided personal statements, a  witness
statement, and a statement from a physician.  His complete submission is  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Army on 14 Oct 40.   He  was  appointed  a
second lieutenant, Air Reserves, Army Air Corps  on   30  May  41.   He  was
progressively promoted to the temporary grade  of  colonel,  having  assumed
that grade effective and with  a  date  of  rank  of  14  Aug  53.   He  was
subsequently integrated in the Regular Air  Force  on  5  Jul  55.   He  was
relieved from active duty and retired in the grade of colonel on 30 Sep  68,
after 27 years, 6 months, and 8 days of active military service.   A  review
of his military personnel records reveals that he  was  assigned  to  Hickam
and Wheeler Fields, HI, from May 1941 through March 1943.


Examiner’s Note:

Applicant’s medical records apparently have been lost,  attempts  have  been
made to retrieve his service and Veterans Affairs  medical  records,  to  no
avail.

_________________________________________________________________

AIR FORCE EVALUATION:

The Chief, Recognition Programs  Branch,  AFPC/DPPPR,  reviewed  applicant’s
request and recommends denial.  DPPPR states that his request was  forwarded
to the Purple Heart Review Board (PHRB) on 17 Feb 99 and it  was  determined
that he did not have sufficient medical evidence to  approve  the  PH.   The
only supporting documentation pertaining to  any  injuries  were  statements
reflected by his personal accounts (see Exhibit C).

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant responded and reiterates that his  wounds  were  caused  by  enemy
action and it was common practice to receive medical aid from your own  crew
members.  He has been advised that since  he  could  provide  no  additional
documentation, that a statement from a  physician  would  suffice.   He  has
previously provided such statement and feels that since his wounds  were  so
minor, they don’t meet the PHRB criteria.

His complete submission is at Exhibit D.

_________________________________________________________________

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.  After a thorough  review  of  the
applicant’s submission and the supporting documentation he provided, we  are
not persuaded that he should be awarded the  Purple  Heart  (PH).   We  took
notice of the applicant’s complete submission in judging the merits  of  the
case, including a letter from his current  physician  which  indicates  that
the applicant has scars on his buttock and arm which he attributes, and  the
physician believes are evidence of combat-related injuries.  We  noted  also
the statement from an individual that was  with  the  applicant  during  the
bombing attack on Pearl Harbor.  However, there was  no  evidence  presented
indicating he was medically treated for any  wounds  during  that  timeframe
nor are we persuaded by the available  records  that  his  injuries  were  a
direct result of enemy action.  We are not unmindful  or  unappreciative  of
his service to his Nation.  Should he secure supporting  documentation  from
his medical records, from the Veterans Administration, or  an  account  from
an  individual  who  eyewitnessed  his  injuries  and  can  attest  to   the
circumstances surrounding his  injuries,  the  Board  would  reconsider  his
application.  Without convincing evidence to support that he was wounded  as
a direct result of enemy action, we find  no  compelling  basis  to  warrant
favorable consideration of this application.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issues involved.   Therefore,  the  request  for  a
hearing is not favorably considered.

_________________________________________________________________

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 Apr 01, 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 18 Oct 00, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 22 Jan 01.
    Exhibit D.  Letter, SAF/MIBR, dated 23 Feb 01.
    Exhibit E.  Letter, Applicant, dated 15 Mar 01.




                                   BARBARA A. WESTGATE
                                   Chair

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