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AF | BCMR | CY2003 | BC-2002-02089
Original file (BC-2002-02089.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: 02-02089

            COUNSEL:  RYAN C. PAVLU

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH).

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

He should be awarded the PH based on wounds he  received  in  1944,  when  a
booby trap exploded.

The applicant states that while driving a  truck  during  a  clean-up  of  a
parade ground with a group of Philippinos, a booby trap was thrown into  the
back of the truck and exploded.  He was hit behind his head by  a  piece  of
metal and still has a scar on  his  forehead  from  the  incident.   He  was
treated at one of the field hospitals and was given documentation  from  the
hospital; however, he has lost the  documentation.   He  still  suffers  the
effects of the injury.

In support of the appeal, the applicant submits his personal  statement  and
a copy of his report of separation.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s military records were destroyed  by  fire  in  1973  at  the
National  Personnel  Records  Center  (NPRC)   in   St.   Louis,   Missouri.
Therefore,  the  following  information   has   been   obtained   from   the
documentation provided by the applicant.

The applicant served in the Army Air  Corps  from  7  November  1942  to  20
December 1945 as a light truck driver.



A  Report  of  Physical  Examination  of  Enlistment  Personnel   Prior   to
Discharge, Release from Active Duty or Retirement, WD AGO 38, indicates  the
applicant was wounded in action on the left ear due  to  a  shell  wound  on
April 1945 at Luzon.

The PH is awarded for wounds received as a direct  result  of  enemy  action
(i.e., gunshot  or  shrapnel  wounds,  hand-to-hand  combat  wounds,  forced
aircraft bail out injuries, etc.) that required  or  received  treatment  by
medical personnel.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends the application be denied and states,  in  part,  that
the applicant’s comments indicate his injury was not sustained as  a  result
of enemy action, but while he  was  on  a  cleaning  detail  of  the  parade
ground.  The alleged injuries resulted from the accidental explosion of  the
booby trap which is not the direct result of enemy action and does not  meet
the criteria for award of the PH.  There is no evidence in  the  applicant’s
medical or personnel records which proves he was injured as a direct  result
of enemy action.

The AFPC/DPPPR evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to  the  applicant
on 4 October 2002 for review and response within 30 days.   However,  as  of
this date, no response has been received by this office.

_________________________________________________________________

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.  After thoroughly  reviewing  the  evidence
of record and noting the applicant’s contentions, we are not persuaded  that
his  injuries  were  the  direct  result  of  enemy  action.   The  personal
sacrifice the applicant endured for his country is noted  and  our  decision
in no way diminishes the high regard  we  have  for  his  service;  however,
insufficient documentary evidence has been  presented  to  warrant  awarding
him the Purple  Heart.   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 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  02-02089  in
Executive Session on 23 January 2003 under the provisions of AFI 36-2603:

                       Ms. Cathlynn Sparks, Panel Chair
                       Mr. John E. B. Smith, Member
                       Mr. Joseph A. Roj, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 21 Jun 02, w/atchs.
    Exhibit B.  Letter, AFPC/DPPPR, dated 25 Sep 02.
    Exhibit C.  Letter, SAF/MRBR, dated 4 Oct 02.




                                   CATHLYNN SPARKS
                                   Panel Chair

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