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AF | BCMR | CY2001 | 0003068
Original file (0003068.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  00-03068

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He should receive the PH as a result of injuries he  received  as  a  direct
result of enemy action.

The applicant states that on 24 November  1944,  while  serving  as  a  B-17
radio operator on a bombing mission,  his  aircraft  was  hit  by  flak  and
forced down over France.  When the aircraft was hit by flak,  his  left  ear
began to hurt and fluid started coming out  of  it.   When  treated  in  the
hospital, a medic asked, “Do you want the Purple Heart, it’s a lot  of  work
for me?”  Not realizing what he was saying and thinking, he said he was  not
wounded that bad and asked not to be submitted for the PH.  Over the  years,
he has had difficulty hearing and realizes  that  he  should  have  let  the
medic submit the paperwork for the PH.

In support of the  appeal,  applicant  submits  his  personal  statement;  a
letter, dated 7 May 1945, concerning his combat performance; and a  Veterans
Administration (VA) decision, dated 28 September 1978, awarding  him  a  10%
disability rating for his ear.

The applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

During the period 17 July  1944  through  6  February  1945,  the  applicant
served as a B-17 radio operator in the Army Air Corps.  During this  period,
he completed a total of 24 missions and was awarded four Air Medals.

On 28 September 1978, the VA awarded the applicant a 10%  disability  rating
for his ear.

The PH is awarded for wounds received as a direct  result  of  enemy  action
that required or received treatment by medical personnel.

_________________________________________________________________

AIR FORCE EVALUATION:

The Chief, Recognition Program Branch, AFPC/DPPPR, reviewed the  application
and states that there is no evidence in the applicant’s records that he  had
been injured  as  a  direct  result  of  enemy  action.   The  documentation
provided indicates that a doctor recorded aerotitis during combat, but  that
record was made in December 1949, five  years  after  the  applicant  claims
injury in combat.  Although the incident occurred in the line of duty  in  a
combat area, it was not the direct result of enemy action.  Therefore,  they
recommend applicant’s request be denied.

A complete copy of the evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and states that as a  result
of the enemy action, their B-17 had as many as 80 to 90 holes  in  it  which
caused them to lose altitude fast, resulting in  damage  to  his  left  ear.
When asked if he wanted the PH, he was in a hospital bed with a bad ear  and
thought of all the men with  limbs  missing,  holes  in  their  bodies,  and
bleeding.  At that time, what he had was nothing and  he  said  he  did  not
want the PH; however, if he had known how he would suffer  with  it  all  of
his life, he would have said yes.  He notes that the waist gunner  of  their
crew received the PH because of frozen feet.

In further support of the appeal, applicant  submits  typed  copies  of  the
mission from his diary and photographs.

The applicant’s complete response is attached 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.    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  not
persuaded that he has been  the  victim  of  an  error  or  injustice.   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.  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 1 Nov 00, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 13 Apr 01.
    Exhibit D.  Letter, SAF/MIBR, dated 23 Mar 01.
    Exhibit E.  Letter, Applicant, dated 4 Apr 01, w/atchs.




                                   RICHARD A. PETERSON
                                   Panel Chair

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