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AF | BCMR | CY2003 | BC-2002-02151
Original file (BC-2002-02151.doc) Auto-classification: Denied

                               RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-02151

            COUNSEL:  MARY NEWMAN

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her late husband’s records be corrected to show  that  he  was  awarded  the
Purple Heart (PH).

_________________________________________________________________

APPLICANT CONTENDS THAT:

Her husband was awarded the PH during his 57 combat  missions  as  a  turret
gunner during World War II.

The applicant states that she has the piece of shrapnel that was taken  from
her husband’s abdomen after his aircraft was  badly  damaged  after  a  bomb
run.  During his life, he was plagued  with  gastrointestinal  problems  and
numerous surgeries, the last of which was for removal of his  colon  due  to
colon cancer.  He fought with distinction, valor and honor for  his  country
and suffered the consequences of his service to his country for  his  entire
life.  He  was  proud  of  his  service  and  never  once  applied  for  any
assistance through the Veterans Administration.

In support of  the  appeal,  applicant  submits  extracts  from  the  former
servicemember’s military service records and her personal statement.

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

_________________________________________________________________

STATEMENT OF FACTS:

The former servicemember served on active duty in the Army  Air  Corps  from
21 July 1943 to 8 October 1945, as a B-26 top turret gunner.

A Clinical Record Brief, dated 29 April 1943,  indicates  that  on  20 April
1943, he received  a  mild  lacerated  wound  on  his  right  wrist  when  a
propeller broke off during flight at the Avon Park Bombing  Range  and  flew
through the fuselage striking his wrist.  His  laceration  was  sutured  and
his injury found to be in the line of duty.

On 20 August 2002, the former servicemember’s records were  administratively
corrected to reflect award of the European-African-Middle  Eastern  Campaign
Medal, with one Bronze Oak Leaf  Cluster,  and  the  World  War  II  Victory
Medal.

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  former
sericemember’s records that supports that he was injured as a direct  result
of enemy action; therefore, he is not entitled to the Purple Heart (PH).

A complete copy of the Air Force evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to  the  applicant
on 27 September 2002, for review and response within 30 days.   However,  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 error or injustice.  After thoroughly  reviewing  the  evidence
of record and noting the applicant’s contentions, we are not persuaded  that
the former servicemember was injured as a direct  result  of  enemy  action.
To the contrary, the incident referenced by the applicant in support of  her
request occurred in Florida at the Avon  Park  Bombing  Range  and  was  the
result of an accident, rather than the direct result of enemy  action.   The
personal sacrifice the former  servicemember  endured  for  his  country  is
noted and our decision should in no way diminish 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  02-02151  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

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 3 Apr 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 23 Sep 02.
    Exhibit D.  Letter, SAF/MRBR, dated 27 Sep 02.




                                   PEGGY E. GORDON
                                   Panel Chair

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