RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  00-03201
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


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APPLICANT REQUESTS THAT:

His records be corrected to reflect award of the Purple Heart Medal.

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APPLICANT CONTENDS THAT:

He was involved in an airplane crash on 8 Nov 44 in Mersburg, Germany.

In support of his appeal, the applicant provided a copy of his WD  AGO
Form  53-55  (Enlisted  Record  and  Report  of  Separation  Honorable
Discharge) and Veterans Administration documentation.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Available documentation indicates that the applicant enlisted  in  the
Army of the United States (AUS) on 3 Apr 43.

A WD AGO Form 38, Report of Physical Examination of Enlisted Personnel
Prior to Discharge, Release from Active Duty or Retirement,  indicates
that the applicant fractured his nose in B-17 airplane crash in Nov 44
in England.  Cartilage was removed from his nose in May 45.

On 30 Sep  45,  the  applicant  was  honorably  discharged  under  the
provisions AR 615-365 (Convenience of the Government).

Effective 24 Nov 98, the applicant was granted  a  service  connection
for his nasal fracture (left side), with a  disability  rating  of  10
percent.

The remaining  relevant  facts  pertaining  to  this  application  are
contained in the letter prepared by the appropriate office of the  Air
Force.  Accordingly, there is no need to recite these  facts  in  this
Record of Proceedings.

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AIR FORCE EVALUATION:

The Recognition Programs Branch, AFPC/DPPPR, reviewed this application
and recommended denial.  According to DPPPR, to be awarded the  Purple
Heart Medal, a member must provide documentation  to  support  he  was
wounded as a direct result of enemy  action  and  must  have  received
medical treatment by medical personnel.  In addition, it is  necessary
that the wound required  or  received  medical  treatment  by  medical
personnel.  Indirect injuries do  not  meet  the  Purple  Heart  Medal
criteria.  Indirect injuries include but are not limited to, diseases,
exposure, injuries, received while  seeking  shelter  from  mortar  or
rocket attacks, aircraft bombings,  grenades,  and  injuries  incurred
while serving as an aircraft member or in  a  passenger  status  as  a
result of the aircraft’s evasive measures against hostile fire.

DPPPR noted that the applicant’s request was forwarded to  the  Purple
Heart Review Board (PHRB) on 8 May 01.  The PHRB determined  that  the
applicant did not have sufficient documentation to approve the  Purple
Heart Medal.  The applicant did have medical  documentation;  however,
it was six months after the incident, and it  indicated  that  only  a
deviated nasal septum was corrected.

DPPPR indicated that the PHRB has the  authority,  on  behalf  of  the
Secretary of the Air Force, to determine a  veteran’s  entitlement  to
the Purple Heart Medal.  Each request is considered  on  the  policies
and criteria in use at the time  the  veteran  was  injured,  and  the
determination is dependent on the documentary evidence presented.

In DPPPR’s view, there was no evidence  in  the  applicant’s  military
personnel or medical records that supports that he was  injured  as  a
direct result  of  enemy  action.   Therefore,  they  were  unable  to
determine the applicant’s eligibility for the Purple Heart Medal.

A complete copy of the DPPPR evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  15
Jun 01 for review and response.  As of this date, no response has been
received by this office (Exhibit D).

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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.  We took notice  of  the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the opinion and recommendation of the Air Force
office of primary responsibility (OPR) and adopt  their  rationale  as
the basis for our decision that the applicant has  failed  to  sustain
his burden that he has suffered either an error or an  injustice.   No
evidence has been presented which has shown to our  satisfaction  that
the applicant met the established criteria for  award  of  the  Purple
Heart Medal.  In view of the above, and in the  absence  of  clear-cut
evidence to the contrary, we find no  compelling  basis  to  recommend
granting the relief sought in this application.

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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 18 Jul 01, under the provisions of AFI 36-2603:

      Mr. David C. Van Gasbeck, Panel Chair
      Mr. Richard A. Peterson, Member
      Mr. Roscoe Hinton, Jr., Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 6 Apr 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 29 May 01.
    Exhibit D.  Letter, SAF/MIBR, dated 15 Jun 01.




                                   DAVID C. VAN GASBECK
                                   Panel Chair