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AF | BCMR | CY2002 | BC-2002-02470
Original file (BC-2002-02470.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-02470
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart Medal.

_________________________________________________________________

APPLICANT CONTENDS THAT:

A fifty (.50) caliber shell exploded and his  hands,  face,  and  eyes  were
burned from the powder.

In support of his appeal, the applicant provided an account of two  missions
and other documentation.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Army Air Corps on 30 September 1943.

Medical records reflect that on 3 March 1945, the  applicant  was  diagnosed
with superficial burns to the central portion of the cornea (right eye)  and
superficial multiple burns about his face and neck, moderately severe.   The
injuries were incurred on return from an operational mission on 26  February
1945 when a .50 caliber shell exploded in the B-17 when cartridges  fell  on
the floor.

On 23 April 1946, the applicant was honorably discharged  in  the  grade  of
staff sergeant under the provisions of AR 615-365  RR  1-1  (Convenience  of
the Government/Demobilization).




The applicant received the following awards: the  Air  Medal,  Good  Conduct
Medal, American Theater Service Medal and European  African  Middle  Eastern
Service Medal.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommended denial.   They  indicated  that  to  be  awarded  the
Purple Heart (PH), a member  must  provide  documentation  to  support  that
wounds were a direct result of enemy action and that the wounds required  or
received medical treatment by medical personnel.   The  applicant  indicated
in his description of the event, that he was not awarded  the  Purple  Heart
because his injuries were not due to enemy action.  There is no evidence  in
the applicant’s medical or personnel records, which proves  he  was  injured
as a direct result of enemy action.  A .50 caliber shell  exploded  and  his
hands, face, and eyes were burned from the powder, after he was  ordered  to
throw out everything to make the plane lighter, due to  the  aircraft  going
low on fuel.

The evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant provided a response, with attachments, which 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.  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.  According to the  applicant’s  medical
records his injuries were not sustained as a direct result of enemy  action.
 In this respect we note  that  apparently  returning  from  an  operational
mission, he was ordered to throw everything out of  the  plane  to  make  it
lighter because the aircraft was low on fuel.  As a result of  this  action,
a .50 caliber shell exploded and his hands, face, and eyes were burned  from
the powder.  By his own admission, there was no  enemy  action  involved  in
this incident.  While we wish to recognize  the  applicant’s  sacrifices  in
defense of our nation during a time of war, 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 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 AFBCMR Docket Number  02-02470
in Executive Session on 21 November 2002, under the provisions  of  AFI  36-
2603:

                  Mr. Albert F. Lowas, Jr., Panel Chair
                  Mr. James E. Short, Member
                  Mr. Laurence M. Groner, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 24 July 2002, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPR, dated 7 October 2002.
   Exhibit D.  Letters, SAF/MRBR, dated 11 October 2002.
   Exhibit E.  Letter, Applicant, dated 25 October 2002, w/atch.



                                ALBERT F. LOWAS, JR.
                                Panel Chair

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