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AF | BCMR | CY2002 | 0201338
Original file (0201338.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: 02-01338
                 INDEX CODE 107.00
                 COUNSEL:  None

                 HEARING DESIRED:  Yes
_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) for wounds received  while  saving
the life of a young officer.
_________________________________________________________________

APPLICANT CONTENDS THAT:

He has tried for some 20 years to be awarded the  PH  for  his  heroic
action in his efforts to protect and save the life of a young  soldier
who was shot off his motorcycle just outside of Oran,  Africa.   Enemy
agents dressed in black hoods, capes and clothing came across an  open
field firing at this motorcycle rider, who was carrying some important
papers in a brief case tied to his arm.  The young  soldier  was  shot
off his cycle and he (applicant) immediately drove to where the  young
soldier was lying in a muddy ditch.   He  grabbed  his  M1-30  caliber
rifle and his pistol and jumped in this  ditch,  with  bullets  flying
around him.  He held the soldier in his arms while  firing  his  rifle
and pistol as enemy agents advanced firing at us.  He was  almost  out
of ammunition with just two shells left out of the 15 bullet clip when
he felt his right shoulder snap back.  He had been hit.  He would  not
be here today to write this letter of request but an Army  truck  with
about 10 soldiers came by and thank God, chased the enemy away.

In support of his request  applicant  submitted  copies  of  personnel
statements, and news articles.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant served in the Army Air Corps as an officer during the period
of 15 July 1942 to 15 December 1945, with  an  overseas  tour  in  the
European Theater of Operations during the period 20  May  1943  to  19
July 1945.  His report of Separation  (WD  AGO  Form  53-98)  reflects
award of Bronze Star Medal,  Soldier's  Medal,  and  European-African-
Middle Eastern Campaign Medal.  This was corrected with a DD Form  215
on 19 August 1997, adding the European-African-Middle Eastern Campaign
Medal with 3 Bronze Service Stars,  American  Defense  Service  Medal,
American Campaign Medal, and World War II Victory Medal.

The remaining relevant facts pertaining to this application, extracted
from the applicant's military records, are  contained  in  the  letter
prepared by the appropriate office of the Air Force at Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommended denial.  Applicant states  he  was  in  Africa,
when he witnessed an officer being attacked, and  he  fought  off  the
assailants until assistance arrived,  and  the  assailants  ran  away.
Applicant claims he was shot in the left shoulder during the incident.
 He has presented several versions of this incident, some in which the
victim died some in which the victim lived.  He did  not  provide  any
documentation showing that he was shot during this incident,  that  he
received any medical treatment for a gunshot wound, or that his  right
shoulder bears a scar from a gunshot wound.

AFPC/DPPPR evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 7
June 2002 for review and comment within 30 days.   As  of  this  date,
this office has received no response.

_________________________________________________________________

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 injustice.  After a  thorough  review  of
the evidence of record and the  applicant’s  submission,  we  are  not
persuaded  that  he  should  be  awarded  the  PH  Medal.   While  the
applicant's efforts to save the life of a young officer  under  attack
were undoubtedly heroic, there are no medical records indicating  that
he received treatment  for  gunshot  wounds,  or  that  these  alleged
injuries were the direct result of  enemy  action.   In  view  of  the
above, we agree with the recommendation of the Air Force and adopt the
rationale expressed as the basis for our decision that  the  applicant
has failed to sustain his burden that he has suffered either an  error
or an injustice.  Therefore, we find no compelling basis to  recommend
granting the relief sought.

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 involved.  Therefore,  the  request
for a hearing is not favorably considered.

_________________________________________________________________

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 Docket  Number  02-01338
in Executive Session on 18 July 2002, under the provisions of AFI  36-
2603:

                  Mr. Albert F. Lowas, Jr., Panel Chairman
                  Mr. Mike Novel, Member
                  Ms. Marilyn Thomas, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 2 Apr 02, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPR, dated 29 May 02.
   Exhibit D.  Letter, AFBCMR, dated 7 Jun 02.




                                   ALBERT F. LOWAS, JR
                                   Panel Chair


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