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AF | BCMR | CY2003 | BC-2002-02505
Original file (BC-2002-02505.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-02505

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His record be corrected to reflect  the  award  of  the  Purple  Heart
Medal.

_________________________________________________________________

APPLICANT CONTENDS THAT:

During the Battle of the Bulge in Belgium, a German officer  shot  him
with a german lugar, 9mm, at a close range of about thirty feet.   The
wound was in his right chest area.  A medic in the  area  treated  his
wound with a wide bandage after putting sulfa on the wound.  The medic
wrote his name and serial number in a tablet.

In support of his request, applicant submits a personal  statement,  a
copy of  the  Enlisted  Record  and  Report  of  Separation  Honorable
Discharge, and photos.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s military personnel records were destroyed by fire in 1973.
 Therefore, the facts surrounding his separation  from  the  Army  Air
Corp cannot be verified.

The available records reflect that the applicant served on active duty
during the period 3 December 1942 through 28 October 1945.

VA provided a copy of the applicant’s Physical  Examination  conducted
on 27 October 1945 prior to his discharge on 28 October 1945.  Item 11
on the  Physical  Examination  form  list  all  significant  diseases,
wounds, and injuries and state the circumstances under which wounds or
injuries were incurred and date of  onset  shows  only  one  item,  is
listed and that was an infected right arm.

_________________________________________________________________



AIR FORCE EVALUATION:

AFPC/DPPPR recommended denial.   The  applicant  has  waited  over  58
years, knowing that there was no  medical  documentation  of  a  chest
wound incurred in December 1944, before submitting a claim  for  award
of the Purple Heart Medal.  His Report of  Separation  shows  that  he
received no wound as a result of enemy action, and there is nothing on
the separation physical showing a wound on the right  chest.   He  did
not inform the doctor of such a wound  when  -received  his  discharge
physical, and he did not  inform  VA  of  such  an  injury  when  they
attempted to  obtain  his  military  medical  records  in  1946.   The
applicant has not provided any documentation substantiating his  claim
that a German officer shot him during WWII.

AFPC/DPPPR evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The  applicant  reviewed  the  evaluation  and  submitted  photos,   a
statement in support of claim,  entry  physical  examination  and  his
separation physical examination.

_________________________________________________________________

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 a thorough review  of  the
applicant’s submission and the available evidence of  record,  we  are
not persuaded that he should be awarded the Purple  Heart  Medal.   We
took notice of his complete submission in judging the  merits  of  the
case; however, we agree with the opinion and recommendation of the Air
Force office of primary responsibility and adopt  their  rationale  as
the basis for our conclusion that  the  applicant  has  not  been  the
victim of an error or injustice.  There  was  no  evidence  presented,
other than his own assertions, which would lead us to believe that  he
was medically treated for any wounds incurred as a  direct  result  of
enemy fire.  We are not unmindful or unappreciative of his service  to
his Nation.   Should  he  secure  supporting  documentation  from  his
medical records, from the Veterans Administration, or an account  from
an individual who eye witnessed his injuries, we would be  willing  to
reconsider his application.  Otherwise,  without  persuasive  evidence
that he was wounded as a direct result of enemy  action,  we  find  no
compelling  basis  to   warrant   favorable   consideration   of   his
application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be  notified  that  the  evidence  presented  did  not
demonstrate the existence of an 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  no   considered   with   this
application.

_________________________________________________________________

The following members of the Board considered Docket  Number  02-02505
in Executive Session on 15 January 2003, under the provisions  of  AFI
36-2603:

                 Mr. Michael K. Gallogly, Panel Chair
                 Ms. Brenda L. Romine, Member
                 Mr. Billy C. Baxter, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 8 Apr 02, w/atchs.
      Exhibit B. Fire related documents.
      Exhibit C. Letter, AFPC/DPPPR, dated 21 Oct 02.
      Exhibit D. Letter, SAF/MRBR, dated 1 Nov 02.
      Exhibit E. Applicant’s Response, dated 11 Nov 02, w atchs.






      MICHAEL K. GALLOGLY
      Panel Chair



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