RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-02191

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He should be awarded the PH based on wounds he received as a  direct  result
of enemy action.

The applicant states that he was blown-out of his  twin  50-caliber  gun-pit
in China during the Ichigo campaign, shot in the chest by a sniper in  Gura,
Eritrea, and was cut on his left arm in a  Police  Action  during  a  native
hostility tribal disturbance.  During these incidents there were no  medical
personnel available to  attend  to  the  injuries.   None  of  the  injuries
affected his duties, so he ignored them.

In support of the appeal, applicant submits extracts from his Department  of
Veterans  Affairs  (DVA)  and  military  service   records,   his   personal
statement, various newspaper articles, and two statements from physicians.

The statements from the physicians indicate that his  physical  examination,
signs and symptoms  are  consistent  with  the  injuries  he  describes  and
support his claim.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is a former Army Air Corps member who served  on  active  duty
from 28 September 1940 through 15 September 1945.

He  was  assigned  to  the  449th  Fighter  Squadron,  14th  Air  Force,  as
Meteorology Station Chief in China from 17  July  1943  through  8 September
1944.

The Purple Heart Review Board considered applicant’s request  for  award  of
the PH and found no evidence that he had been injured as a direct result  of
enemy action.

The PH is awarded for wounds received as a direct result  of  enemy  actions
(i.e., gunshot  or  shrapnel  wounds,  hand-to-hand  combat  wounds,  forced
aircraft bail out injuries, etc.).  In addition, it is  necessary  that  the
wound have required or received treatment by  medical  personnel.   Indirect
injuries do not meet the criteria for award of the PH.

_________________________________________________________________

AIR FORCE EVALUATION:

The  Chief,  Awards  and  Decorations  Section,  AFPC/DPPPR,  reviewed   the
application and states, in part, that there is no evidence in  the  member’s
records that supports that he was  injured  as  a  direct  result  of  enemy
action.  The applicant previously applied to the Army for  the  PH  and  his
request was denied for lack of medical documentation.

A complete copy of the Air Force evaluation, with attachment, is at  Exhibit
C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states, in part,  that  the  Air  Force  evaluation  fails  to
address the statements from the physicians provided with his application.

The 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.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of error or injustice warranting award of the Purple  Heart  (PH).
The applicant contends that he should be awarded the PH based on  wounds  he
received as a result of enemy action during World  War  II.   The  applicant
cites several incidents in which he was injured that he  contends  meet  the
criteria for award of the PH.  In addition, he submits a  statement  from  a
physician indicating that his physical examination, signs, and symptoms  are
consistent with the injuries he describes.  While  additional  documentation
(i.e., statements from  eyewitnesses  or  documentation  regarding  required
medical treatment received as a result of the injuries) would be helpful,  a
majority of  the  Board  believes  the  applicant  has  provided  sufficient
evidence to raise doubt as to whether he should have been  awarded  the  PH.
Therefore, in the interest of justice and noting the personal sacrifice  the
applicant has endured for his country, a majority of the Board believes  the
interest of justice can best  be  served  by  resolving  any  doubt  in  the
applicant’s behalf.  Therefore, a  majority  of  the  Board  recommends  the
applicant’s records be corrected to the extent indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that he was awarded the Purple  Heart  for
injuries received in action against an enemy of the United States  during  a
mission in China on 16 July 1944.

_________________________________________________________________

The following members of the Board  considered  Docket  Number  02-02191  in
Executive Session on 7 January 2003, under the provisions of AFI 36-2603:

                  Ms. Peggy E. Gordon, Panel Chair
                  Mr. Billy C. Baxter, Member
                  Ms. Diane Arnold, Member

A majority of the Board voted to grant  the  requested  relief.   Mr. Baxter
voted to deny the application and submits  a  Minority  Report  that  is  at
Exhibit F.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 4 Jul 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 7 Oct 02, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 11 Oct 02.
    Exhibit E.  Letter, Applicant, dated 31 Oct 02, w/atchs.
    Exhibit F.  Minority Report, dated 13 Mar 03.




                                   PEGGY E. GORDON
                                   Panel Chair

AFBCMR 02-02191




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:

      The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that he was awarded the Purple
Heart for injuries received in action against an enemy of the United States
during a mission in China on 16 July 1944.








JOE G. LINEBERGER

Director

Air Force Review Boards Agency



MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR
                        CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  APPLICANT, DOCKET NO: 02-02191

      The majority of the Board recommends that Mr. D---- be awarded the
Purple Heart for injuries he incurred while in the military during World
War II.  I disagree.

      The Purple Heart is one of the most revered decorations that may be
bestowed upon a military member.  As such, the criteria and conditions that
must be observed when awarding the Purple Heart are rigorous and exacting.
Therefore, we should be cautious about conferring the Purple Heart
belatedly, unless we have the most convincing documentation showing it to
be warranted.  To do otherwise would serve only to devalue this most
honored award.

      My fellow Board members found the statement submitted by Mr. D----’s
personal physician as adequate verification of Mr. D----’s claim he was
injured as a direct result of enemy action on three separate occasions.  I
reached a different conclusion.  I do not accept the doctor’s statement as
confirmation of the causes or circumstances behind any of Mr. D----’s
earlier injuries.  Instead, I draw from it that the doctor simply did not
find a medical reason to question Mr. D----’s version of events.  Lacking
grounds to doubt a patient’s history should not be construed as affirmation
of events that took place over 58 years ago.  While the doctor’s statement
does not harm Mr. D----’s case, I do not find it all that conclusive and
therefore it is of limited value.

      Further, in Mr. D----’s application he describes two of the events
(the gun shot to his chest and the cut to his arm) in terms that lead me to
believe the injuries were the result of civil disturbances with local
inhabitants instead of engagement in battle with the enemy.  Also, I found
inconsistencies in his submission when he writes about the injury
identified with the gun pit.

      Because of this uncertainty created and the lack of collaborative
documentation, I find that Mr. D---- has not satisfied his burden to show
there has been an error or injustice.  I do not recommend favorable
consideration of his request.




                                        BILLY C. BAXTER
                                        Member