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AF | BCMR | CY2002 | 0102310
Original file (0102310.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: 01-02310

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH).

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

He should receive the PH for wounds he received during World War II.

He was wounded on 25 January 1945, during a large  bomb  release  at  22,000
feet  when  the  bomb  bay  doors  opened  and  his   heated   flight   suit
malfunctioned resulting in frost bite.  He was again wounded on 28  February
1945,  when  his  aircraft  crash  landed  and  he  was  thrown  against  an
ammunition container dislocating his hip and prostate.  At the time  of  his
separation, he was asked if he had any medical problems  then,  not  whether
he  had  ever  been  wounded.   As  a  result,  his  report  of   separation
incorrectly states that he was not wounded.

In support of the appeal,  applicant  submits  his  personal  statement  and
extracts from his medical records.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is a former Army Air Corps member that served on  active  duty
from 31 August 1942 through 16 October 1945 as an aircraft  gunner  assigned
to the 763rd Bomb Squadron, 455th Bombardment Group, 15th Air Force.

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.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends the  application  be  denied.  AFPC/DPPPR  states,  in
part, that there is no evidence in the  applicant’s  military  records  that
supports that he was injured as a direct result  of  enemy  action.   On  11
October 2001, AFPC/DPPPR provided the applicant the criteria  for  award  of
the PH and requested that he provide additional information to  substantiate
his claim.  The applicant did not respond to their request.

The AFPC/DPPPR evaluation, with attachment, is at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

Applicant’s response to the Air Force evaluation, with  attachments,  is  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 diminish the high regard we have for 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 5 February 2002, under the provisions of AFI 36-2603:

                  Mr. Lawrence R. Leehy, Panel Chair
                  Mr. John B. Hennessey, Member
                  Mr. Roscoe Hinton Jr., Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 20 Aug 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 17 Dec 01.
    Exhibit D.  Letter, SAF/MRBR, dated 21 Dec 01.
    Exhibit E.  Applicant’s Response, w/atchs, dated 7 Jan 02.




                                   LAWRENCE R. LEEHY
                                   Panel Chair


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