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AF | BCMR | CY2003 | BC-2002-02690
Original file (BC-2002-02690.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: 02-02690

                 COUNSEL:  None

                 HEARING DESIRED:  No
_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) for wounds received  during  World
War II (WWII).
_________________________________________________________________

APPLICANT CONTENDS THAT:

During his transfer from the replacement center to 1155 AAF, his  army
records were not corrected to reflect the PH.

In support of his request applicant submits a copy  of  a  certificate
from a Legal Officer, dated 3 Sep 45 and the Bronze Star citation, and
honorable discharge, statements from the VA,  medical  records  and  a
letter from the Department of the Army Review Board.

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 service in  the  Army  Air  Corp
cannot be verified.

The available records indicate that the  applicant  served  on  Active
Duty during the period 20 July 1942 through 30 September 1945, with an
overseas tour in the Mediterranean during the period 23 December  1943
through 14 September 1945.  The applicant  received  the  Bronze  Star
Medal on 4 October 1944.

On 8 October 2002, the Recognition Programs  Branch,  HQ  AFPC/DPPPRA,
requested the applicant to provide additional information relative  to
his alleged injury.  No response was received.

_________________________________________________________________




AIR FORCE EVALUATION:

AFPC/DPPPR recommended denial.  Applicant’s available medical  records
show that he injured his thumb and that he was treated for  exhaustion
and psychoneurorosis.  There is no indication that he was wounded as a
direct result of enemy  action.   The  citation  for  the  applicant’s
Bronze Star Medal does not mention that the applicant was wounded on 4
October 1944, and the applicant did not provide a date or any  details
regarding a wound or injury he received while overseas.   Furthermore,
there is no explanation  for  a  legal  officer  certifying  that  the
applicant was entitled to the Purple Heart, instead of the applicant’s
commander or someone in his chain of  commander.   His  case  was  not
provided  to  the  Purple  Heart  Review  Board  because  of  lack  of
information and documentation.

AFPC/DPPPR evaluation, with attachments, is attached at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 27 Nov 02, for review and comment.  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
he existence of an error or injustice.  Applicant’s  military  records
are not available for review and based on  the  limited  documentation
submitted, we are not persuaded that he should be awarded the PH.   We
noted the certificate prepared by the Legal  Officer  on  3  September
1945, indicating that the applicant was entitled to receive the PH for
wound suffered while in action against the enemy; however, the details
regarding his injuries are not provided.  If the applicant can provide
the date and details regarding any  wounds  or  injuries  he  suffered
while in action against the enemy, we would be willing  to  reconsider
his appeal.  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.  In view of the above findings and  in
the absence of evidence to the contrary, we do not recommend favorable
action on this application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of a 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  02-02690
in Executive Session on 12 February 2003, under the provisions of  AFI
36-2603:

                  Mr. Albert F. Lowas, Jr., Panel Chair
                  Mr. William H. Anderson, Member
                  Mr. James W. Russell III, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 13 Jun 02, w/atchs.
   Exhibit B.  Letter, HQ AFPC/DPPPR, dated 20 Nov 02, w/atch.
   Exhibit C.  Letter, SAF/MRBR, dated 27 Nov 02.





                                   ALBERT F. LOWAS, JR
                                   Panel Chair

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