RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: 01-03495
            INDEX CODE:  107.00
            COUNSEL:  NO

            HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) Medal and Wound Chevron  for  his  July
1944 service-connected wound and concussion in Normandy, France.

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APPLICANT CONTENDS THAT:

His record is in error because the patient rosters  of  the  508th   Fighter
Squadron for July 1944 are not on file.  How many years must  a  man  suffer
before he is recognized for a job well done in the service of  his  country?


In support of his appeal, the applicant provides  copies  of  his  discharge
certificate;  his  WD  AGO  Form  53-55,  Enlisted  Record  and  Report   of
Separation; his AG Form 92, Extract from Sick Reports; his WD AGO  Form  38,
Report of Physical Examination of Enlisted  Personnel  Prior  to  Discharge,
Release from Active Duty or Retirement;  his  Veterans  Administration  (VA)
Award of Disability Compensation or Pension;  the  Purple  Heart  and  Wound
Chevron information page; a personal statement  and  supporting  statements.
The applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was inducted into the Army Air  Corps  on  30 April  1942  and
entered active duty on the same date.  He departed for the European  Theater
of Operations (ETO) on 23 March 1944.  While in the ETO he was  assigned  to
the 508th Fighter Bomber Squadron as a parachute rigger and  repairman.   He
departed the ETO on 30 August 1945 and arrived  in  the  Continental  US  on
8 September 1945.

On 14 September  1945,  prior  to  the  applicant’s  discharge,  a  physical
examination was completed and findings were annotated on  WD  AGO  Form  33,
Report of Physical Examination of Enlisted  Personnel  Prior  to  Discharge,
Release from Active Duty Or Retirement.  WD AGO Form 33,  Block  11,  states
“head injuries (bomb blast) concussion—July 44-Hq. 404th Flyer  Group  Disp.
14 days.”  He was honorably discharged on 15 September 1945 in the grade  of
sergeant with 1 year and 11 months of  continental  service  and  1 year,  5
months and 16 days of foreign service.  His  WD  AGO  Form  53-55,  reflects
that he participated in the Air Offensive  in  Europe,  Ardennes,  Normandy,
Northern France and in the Rhineland  campaigns.   His  decorations  include
the Good Conduct Medal, the European-African-Middle  Eastern  Service  Medal
and the Belgium Fourragerre Citation.

In a letter dated 4 June 1953, his  record  was  corrected  to  reflect  the
American Campaign Medal,  World  War  II  Victory  Medal,  European-African-
Middle Eastern Campaign Medal with one (1) Silver Service Star and  one  (1)
Bronze Service  Star,  and  the  Distinguished  Unit  Citation  Emblem.   In
addition, he was advised that he was not  eligible  for  the  award  of  the
Purple Heart.

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends the application be denied.   DPPPR  states  that  only
those individuals injured by friendly fire while directly engaged  in  armed
conflict, after 30 November 1993 are eligible for the  Purple  Heart  Medal.
Since the applicant was not injured as a direct result of enemy action,  and
he was not  injured  by  friendly  fire  while  directly  engaged  in  armed
conflict, he is not eligible for award of the  Purple  Heart  Medal.   DPPPR
evaluation, with attachments, 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  the  applicant  on  19
July 2002 for review and  response.   As  of  this  date,  this  office  has
received no response.

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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  error  or  injustice.   We  took  notice  of  the  applicant’s
contention that he  should  be  awarded  the  Purple  Heart  for  an  injury
sustained during the friendly bombing in Normandy, France,  a  B-26  bombing
mission in Germany.  The applicant has  provided  no  evidence  to  indicate
that the injury sustained was the direct result  of  enemy  action.   Absent
sufficient documentation to support his eligibility for award of the  Purple
Heart, we find no basis to recommend granting  the  relief  sought  in  this
application. After a thorough review of his submission  and  the  supporting
documentation he provided, to include a letter from the  squadron  commander
of the 404th Fighter Bomber Group, who  indicates  that  the  applicant  was
present when the ground attack occurred, this statement  does  not  persuade
us that he should be awarded the Purple Heart Medal.  There is  no  evidence
of medical treatment for the wound he  alleged  he  sustained  or  that  the
wound was a direct result of enemy action.  With respect to the  applicant’s
request  for  award  of  a  Wound  Chevron,  other  than   the   applicant’s
assertions, we have seen no evidence he was authorized to wear this  Device.
 While we appreciate and honor the applicant’s service to  his  country,  in
view of the above and absent persuasive evidence showing his records are  in
error or unjust, the applicant’s request cannot be favorably considered.

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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 23 October 2002, under the provisions of AFI 36-2603:

      Mr. Roscoe Hinton, Jr, Panel Chair
      Mr. James W. Russell, III, Member
      Mr. James E. Short, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 5 Sep 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 10 Jul 01 w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 19 Jul 02.





                                   ROSCOE HINTON JR
                                   Panel Chair