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AF | BCMR | CY2001 | 0002880
Original file (0002880.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  00-02119
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH)  medal  (first  oak  leaf  cluster)  for
being a Prisoner of War (POW) in Germany from 16 Feb 45 to 29 Apr 45.
_________________________________________________________________

APPLICANT CONTENDS THAT:

His plane was shot down over Germany and he became a POW.

In support of his request, applicant submits copies of his  Enlisted  Record
and Report of Separation, WD AGO Form 53-55, and his  discharge  certificate
(Exhibit A).
_________________________________________________________________

STATEMENT OF FACTS:

The  applicant’s  WD  AGO  Form  53-55,  Enlisted  Record  and   Report   of
Separation, reveals that the applicant served  on  active  duty  during  the
period 26 Mar 43 - 5 Nov 45, with an overseas  tour  in  Europe  during  the
period of 16 Jan 45 - 18 May 45.  The applicant  received  two  Bronze  Star
medals (Rhineland and Central Europe campaigns) and the Purple Heart  medal.
 The wounds he received in action were over the North Sea on 16 Feb 45.

The applicant’s case file reveals that he was a POW from 16  Feb  45  to  29
Apr 45.  In view of the foregoing, the Separations Branch  (HQ  AFPC/DPPRSP)
administratively corrected the applicant’s discharge document to reflect  he
was awarded a POW medal (Germany, 16 Feb - 29 Apr 45).
_________________________________________________________________

AIR FORCE EVALUATION:

The Recognition Programs Branch, HQ AFPC/DPPPR, stated  that  the  applicant
was provided the criteria for award of the PH.   DPPPR  indicated  that  the
applicant did not respond  to  their  request  that  he  provide  additional
information to substantiate his claim.   DPPPR  found  no  evidence  in  the
applicant’s military personnel records that support  he  was  injured  as  a
direct  result  of  enemy  action.    Therefore,   DPPPR   recommended   the
applicant’s request for award of the PH be denied.  A complete copy of  this
evaluation is appended at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  6  April
2001 for review and response.   As  of  this  date,  no  response  has  been
received by this office (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  thoroughly  reviewing  the
evidence  of  record  and  noting  the  applicant’s  contentions,   we   are
unpersuaded that he has been the victim  of  an  error  or  injustice.   The
applicant has been asked by the Air Force office of  primary  responsibility
to provide additional information that would indicate his injuries meet  the
criteria for the Purple Heart, but he has failed to  do  so.   The  personal
sacrifice the applicant endured for his country is noted  and  our  decision
should in no way  lessen  his  service;  however,  insufficient  documentary
evidence has been presented to warrant awarding him  the  Purple  Heart  for
being a Prisoner of War (POW).  Therefore, in the  absence  of  evidence  to
the contrary, we find no compelling basis to recommend granting  the  relief
sought in 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 22 May 2001, under the provisions of AFI 36-2603:

                  Mr. Richard A. Peterson, Panel Chair
                  Mr. Roscoe Hinton Jr., Member
                  Mr. Jay H. Jordan, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 12 Oct 00, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPR, dated 13 Mar 01, w/atch.
   Exhibit D.  Letter, SAF/MIBR, dated 6 Apr 01.




                                   RICHARD A. PETERSON
                                   Panel Chair

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