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AF | BCMR | CY2002 | 0200288
Original file (0200288.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-00288
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart Medal.

_________________________________________________________________

APPLICANT CONTENDS THAT:

On 11 January 1945, on a B-26 bombing mission  to  Houffalize,  Belgium,  he
was positioned as a radio operator  gunner  when  he  encountered  flak.   A
piece of flak penetrated his flak jacket and bruised his shoulder.  It  went
down the back of his flight suit and stopped at  the  pocket  and  the  heat
scorched his handkerchief and burned his hip.

In support of his appeal, the applicant provided a statement from the  pilot
of the B-26, dated 3 December 2001, a letter  from  the  co-pilot,  dated  8
December 2001, and other documentation.

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

_________________________________________________________________

STATEMENT OF FACTS:

During the time period in question, the applicant enlisted in the  Army  Air
Corp on 24 April 1943.

On 21 October 1945, the applicant was honorably discharged in the  grade  of
staff sergeant under the provisions of AR 615-365 RR 1-1 Demobilization.

Awards received during this enlistment are the Air Medal with  six  (6)  Oak
Leaf Clusters (OLCs),  Good  Conduct  Medal,  and  European  African  Middle
Eastern Service Medal with three (3) Bronze Stars.

_________________________________________________________________


AIR FORCE EVALUATION:

AFPC/DPPPR recommended denial.   They  indicated  that  to  be  awarded  the
Purple Heart (PH), 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.  There is no  evidence  in  the  applicant’s
medical or personnel records, which were provided, that he had been  injured
as a direct result of enemy action.

The evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the evaluation and provided correspondence  from  the
pilot of the B-26 who indicates that on 11 January 1945, the  applicant  was
injured by enemy flak over Houffalize, Belgium.  There is no doubt that  the
applicant  was  injured  as  a  direct  result  of  enemy  action.   It   is
understandable that he wouldn’t have sought medical  treatment  for  a  mere
bruise on his shoulder and burn on his hip - so the lack of medical  records
should not bar him from being awarded the Purple Heart.

Applicant’s complete response, 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 an error or an injustice warranting award of the  Purple  Heart
Medal.  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 and adopt their rationale as the  basis  for
our conclusion that the applicant has not been the victim  of  an  error  or
injustice.  We note the letter  from  the  pilot  of  the  B-26  bomber  who
indicates that the applicant was hit by flak and suffered a shoulder  injury
and a burn on his hip.  However, there is no indication in  the  applicant’s
medical or personnel records to substantiate that he had been injured  as  a
direct result of enemy action.   Also,  his  separation  physical  shows  no
physical   defects.    The   Board   does   recognize   his    extraordinary
accomplishments in the defense of our nation  during  wartime,  however,  no
documentation has been presented to substantiate that he was  wounded  as  a
direct result of enemy action.  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 an error or an 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 AFBCMR Docket Number  02-00288
in Executive Session on 21 May 2002, under the provisions of AFI 36-2603:

            Ms. Peggy E. Gordon, Panel Chair
            Mr. James W. Russell III, Member
            Mr. Albert F. Lowas, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 21 December 2001, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPR, dated 26 March 2002.
   Exhibit D.  Letter, SAF/MRBR, dated 5 April 2002.
   Exhibit E.  Letter, Applicant, dated 20 April 2002, w/atchs.




                                PEGGY E. GORDON
                                Panel Chair



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