RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: 01-03686

            COUNSEL:  NONE

            HEARING DESIRED:  YES


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APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) and PH,  with  First  Oak  Leaf  Cluster
(PH, 1 OLC).

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THE APPLICANT CONTENDS THAT:

He is entitled to two PHs based on wounds he received as a direct result  of
enemy actions.

The applicant states that on 17 August 1942, at Port  Moresby,  New  Guinea,
he using a tractor to put planes in revetments,  when  he  a  bomb  exploded
during an air raid.  He was blown off the tractor by the blast  of  hot  air
from the exploding bomb and landed on his back.  He could not move  and  the
tractor ran over him, throwing him aside,  and  rendering  him  unconscious.
He was immediately taken to the hospital were he received treatment for  his
injuries that included a cast from the waist  down.   Although  his  medical
records indicate that he had multiple abrasions, they do not  state  how  he
was  injured.   The  injury,  however,  was  serious  enough  for  the   War
Department to notify his mother by telegram.

The applicant also states that on 11 November 1943, he was again injured  at
Port Moresby, New Guinea, when a Japanese Zero came in  strafing.   He  dove
off the dock and head for the bottom to get away from the bullets that  were
piercing the water around him.  In doing so, he hit the  bottom  and  struck
his head on a coral below, resulting in an open head wound.  After  the  air
raid, he was treated at an  Australian  Regimental  Aid  Station  where  his
wound was sutured.  He still has a scar  from  this  injury.   Although  his
medical records indicate that he was swimming at Moresby  beach,  there  was
no beach and the only reason  he  was  in  the  water  was  to  avoid  being
strafed.

In support of the appeal, applicant submits a copy of  his  Enlisted  Record
and Report of Separation - Honorable Discharge, extracts  from  his  medical
records, and a letter from his Congressman.

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

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STATEMENT OF FACTS:

The applicant enlisted in the  Army  Air  Corps  on  30  November  1940  and
entered active duty on 30 January 1941.

He was served in the Asiatic-Pacific theatre of operation,  in  the  Papaun,
New Guinea, and Bismarck Archipelago battles and campaigns.

A 17 August 1942, medical record entry  indicates  that  the  applicant  was
treated for multiple abrasions (generalized) that he incurred at seven  mile
aerodrome when a run-away tractor his him on 17 August 1942.

A 16 November 1943, medical record entry indicates that  the  applicant  was
treated for an infected forehead wound  when  he  was  cut  by  coral  while
swimming at Moresby beach on 11 November 1943.

The applicant was honorably discharged on 18 May 1945 in the grade of  staff
sergeant.

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.

The applicant originally appealed to the Army Review Boards  Agency  (ARBA);
however, on 15  April  2002,  he  was  advised  that  the  documentation  he
provided indicated that his injuries in both instances  were  accidental  in
nature, rather than the direct result of enemy action.  He was also  advised
that his request would be forwarded to the Board for consideration.

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends the application be denied and states,  in  part,  that
to be awarded the PH, a member must provide documentation  to  support  that
he was wounded as a direct result of enemy action that  must  have  received
medical treatment by medical personnel.  The  ARBA  reviewed  the  case  and
found no evidence in his medical and personnel  records  that  he  had  been
injured as a direct  result  of  enemy  action.   They  support  the  ARBA’s
decision.

The AFPC/DPPPR evaluation is at Exhibit C.

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APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to  the  applicant
on 10 May 2002 for review and response within 30 days.  However, as of  this
date, no response has been received by this office.

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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.  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 (PH) and PH, with First Oak Leaf  Cluster.   Therefore,
in the absence of evidence to the contrary, we find no compelling  basis  to
recommend granting the relief sought in this application.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issue(s) involved.  Therefore, the  request  for  a
hearing is not favorably considered.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of 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  Docket  Number  ?(DN)  in
Executive Session on 25 June 2002, under the provisions of AFI 36-2603:

                       Ms. Peggy E. Gordon, Panel Chair
                       Mr. Billy C. Baxter, Member
                       Mr. Michael K. Gallogly, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 16 Oct 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 2 May 02.
    Exhibit D.  Letter, SAF/MRBR, dated 10 May 02.




                                   PEGGY E. GORDON
                                   Panel Chair