RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  01-01630
            INDEX CODE 107.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO


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APPLICANT REQUESTS THAT:

The application was submitted by the former service  member’s  daughter  who
requests that her father’s records be corrected to show that he was  awarded
the Purple Heart (PH).

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APPLICANT CONTENDS THAT:

On 26 June 1943, her father was injured during an incident  at  Algeria  Air
Base and was told that he would receive a PH.

The applicant states that on 26 December 1943, her father  was  awarded  the
Soldier’s Medal for his actions on 26 June 1943; however, he never  received
the PH.

In support of the  appeal,  applicant  submits  copies  of  the  orders  and
citation  awarding  her  father  the  Soldier’s  Medal,  excerpts  from  his
personal diary, and his Army Separation Qualification Record.

The applicant’s complete submission is attached at Exhibit A.

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STATEMENT OF FACTS:

The member’s  record  was  destroyed  by  fire  in  1973,  at  the  National
Personnel Records Center, in St. Louis, Missouri.  Therefore, the  following
facts have been extracted from the documentation provided by the applicant.

The member served in the Army Air Force during the  period  28 October  1941
through 28 August 1945, as an Ammunition Supply Technician.





On 26 December 1943, the member was awarded the Soldier’s Medal for  heroism
on 26 June 1943 when, after being knocked down, stunned and injured  by  the
explosion of several 500 pound bombs, he immediately recovered  and  carried
other seriously wounded casualties to  safety  and  returned  to  extinguish
grass fires in  the  vicinity  of  burning  vehicles  containing  unexploded
bombs.

The PH is awarded for wounds received as a direct  result  of  enemy  action
(i.e., gunshot  or  shrapnel  wounds,  hand-to-hand  combat  wounds,  forced
aircraft bail out injuries, etc.) that required  or  received  treatment  by
medical personnel.

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AIR FORCE EVALUATION:

The  Chief,  Recognition   Programs   Branch,   AFPC/DPPPR,   reviewed   the
application and states that a member must provide documentation  to  support
the injury was a direct  result  of  enemy  action.  The  member’s  personal
statement reflects that his injury occurred while unloading bombs, when  one
exploded causing a slight wound to his head.  Although the  member  contends
that an investigation concluded the explosion was the  result  of  sabotage,
there is no evidence in his records which concluded sabotage.  His  injuries
were the result of an accident and do not meet the  criteria  for  award  of
the PH.  Since there is no evidence in the applicant’s records that  he  has
been injured as a direct result of enemy action, they  recommend  denial  of
his request to be awarded the PH.

A complete copy of the evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant’s daughter reviewed the evaluation  and  provides  a  response
that documentation has already been provided listing the names of those  who
were killed, hospitalized as a result of the incident  in  question.   These
records should be reviewed, and if any of  those  individuals  received  the
PH, then her father should also receive the PH.

Applicant’s daughter’s complete response is at 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.  After  thoroughly  reviewing  the
evidence of record and  noting  the  applicant’s  contentions,  we  are  not
persuaded that her father has been the victim of an error or injustice.   In
this respect, we note the PH is awarded for  wounds  received  as  a  direct
result of enemy action.  The applicant requests award of  the  PH  based  on
injuries her father received at Algeria Air  Base  on  26  June  1943,  when
several 500 pound bombs  exploded.   Although  the  applicant  contends  the
explosion was the result of sabotage, we find no official  documentation  to
substantiate that  the  incident  was  the  result  of  sabotage.   We  have
reviewed the excerpts  from  the  former  service  member’s  personal  diary
regarding the incident; however, we do not find this  evidence,  in  and  by
itself, sufficient to conclude that his injuries were the direct  result  of
enemy action.  We also note that for his heroism on  26 June  1943,  he  was
awarded the Soldier’s Medal.  The personal  sacrifice  he  endured  for  his
country and his heroism on that date are duly noted and our decision  in  no
way lessens his heroism and service; however, we find insufficient  evidence
that his  injury  was  the  direct  result  of  enemy  action.   Should  the
applicant provide documentation to substantiate  that  the  explosions  were
the result of enemy sabotage, the Board would  be  willing  to  entertain  a
request for reconsideration.  However, in the absence of such  evidence,  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.

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The following members of the Board considered this application in  Executive
Session on 16 August 2001, under the provisions of AFI 36-2603:

                  Mr. Jackson A. Hauslein, Panel Chair
                  Mr. Roscoe Hinton Jr., Member
                  Mr. Lawrence R. Leehy, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 5 Jun 01, w/atchs.
    Exhibit B.  Letter, AFPC/DPPPR, dated 18 Jul 01.
    Exhibit C.  Letter, SAF/MIBR, dated 20 Jul 01.
    Exhibit D.  Letter, Applicant’s Daughter, dated 31 Jul 01.




                                   JACKSON A. HAUSLEIN
                                   Panel Chair