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AF | BCMR | CY2002 | 0201286
Original file (0201286.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-01286
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart Medal.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was injured in a plane crash in 1945 over the Philippines.

In support of his  request,  the  applicant  submits  a  copy  of  his
Enlisted Record and Report of Separation (WD  AGO  Form  53-55).   The
applicant’s complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted  from  applicant’s  military  personnel  records
indicates the applicant was in Japan on 16 Sep 45.

The applicant was honorable discharged from the Army Air Corps in  the
grade of staff sergeant (E-5) on 1 Dec 45.  He had completed  a  total
of 3 years, 1 month and 21 days of continental service  and  6  months
and 5 days of foreign service (16 May - 3 Nov 45).

The applicant’s WD AGO Form  53-55  reveals  award  of  the  following
decorations and citations:  Distinguished Unit Badge, American Theater
Campaign Medal, Victory Medal, Asiatic-Pacific Theater Campaign  Medal
with 2 bronze battle stars, Philippines Liberation, Good Conduct Medal
and the Air Medal.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR recommends the application be denied.  DPPPR stated that
there is no evidence in the applicant’s medical or  personnel  records
that he had been injured as a direct  result  of  enemy  action.   The
applicant did not respond to DPPPR’s 7 May 02 request  for  additional
information to substantiate his claim.  The HQ  AFPC/DPPPR  evaluation
is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  19
July 2002 for review and response.  As of this date, no  response  has
been received by this office (Exhibit D).

_________________________________________________________________

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.  The applicant  has  provided  no
evidence to indicate that the injury sustained was the  direct  result
of enemy action.  Hence, the Purple Heart criteria of enemy action has
not been met.  We  note  that  the  applicant  was  asked  to  provide
additional  information  that  would  indicate  his  wound  meets  the
criteria for the Purple Heart, but he has failed  to  do  so.   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.

_________________________________________________________________

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.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 12 September 2002, under the provisions of AFI 36-
2603:

                  Mr. Jackson A. Hauslein, Panel Chair
                  Mr. James W. Russell III, Member
              Ms. Carolyn B. Willis, Member

The following documentary evidence was considered in  connection  with
AFBCMR Docket Number 02-01286.

   Exhibit A.  DD Form 149, dated 12 Dec 01, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPR, dated 1 Jul 02.
   Exhibit D.  Letter, SAF/MRBR, dated 19 Jul 02.




                                   JACKSON A. HAUSLEIN
                                   Panel Chair

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