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AF | BCMR | CY2003 | BC-2002-02735
Original file (BC-2002-02735.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: 02-02735

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart, with the  First  Oak  Leaf  Cluster  (PH,  1
OLC).

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

He should be awarded the PH,  1  OLC,  for  injuries  he  sustained  on  the
Okinawa landing.

The applicant states that on 1 April 1945, the landing craft he was  in  was
veering sharply to avoid Japanese shelling  during  a  landing  on  Okinawa.
When they hit the beach the boat tipped sharply to the right  and  boxes  of
ammunition were tipped and landed on his foot.   He  went  ashore  with  his
unit; however, five days  later,  he  was  unable  to  walk.   When  he  was
examined by the medics, he was told that had he not been  treated,  gangrene
would have set in and he would have lost  his  foot.   While  still  in  the
hospital, an officer gave him an Oak  Leaf  Cluster  saying  it  was  to  be
attached to the PH ribbon that he already had.  He was later evacuated to  a
hospital at Guam on a hospital ship, the USS Comfort.

In  support  of  the  appeal,  the  applicant  submits  letters   from   his
Congressmen and a copy of the USS Comfort Log Book (1 April 1945 through  30
April 1945) which lists him as a passenger and the  injury  (fractured  left
great toe) sustained on the Okinawa landing.

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

_________________________________________________________________






STATEMENT OF FACTS:

The applicant’s records were destroyed by  fire  in  1973  at  the  National
Personnel Records Center (NPRC); therefore,  the  following  information  is
obtained from the documentation provided by applicant.

The applicant enlisted in the Army  Air  Corps  on  2  April  1943  and  was
progressively promoted to the grade of corporal.

During the period 12 April 1944 through 13 November 1945, he served  in  the
Pacific Theater of Operations.  He participated in the  Luzpn,  New  Guinea,
Southern Philippines, and Ryukyus Campaigns.

On 27 April 1945, he was awarded the Purple Heart (PH) for  wounds  received
in action on 13 January 1945, during the Leyte Island Operation.

He was honorably discharged on 17 December 1945.  He completed  2  years,  8
months and 22 days of active service.

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 has not provided any documentation  to  substantiate  his
claim that he was wounded as a direct result of enemy  action.   His  injury
on 1 April 1945 (i.e., fractured toe when an ammunition box  fell  during  a
landing operation), does not constitute  an  injury  incurred  as  a  direct
result of enemy action; therefore, he is not eligible for another  award  of
the PH.

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

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The applicant states that his injury was caused by enemy fire.  The  landing
craft was taking evasive action to avoid Japanese shelling and the boat  hit
the beach at a sharp angle.  Since the landing craft was not damaged by  the
shelling, he was the only one in the boat affected by the landing.

The applicant’s complete response is at Exhibit D.

_________________________________________________________________

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
he has been the victim of an error or  injustice.   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  02-02735  in
Executive Session on 10 March 2003 under the provisions of AFI 36-2603:

                       Mr. David W. Mulgrew, Panel Chair
                       Mr. Laurence M. Groner, Member
                       Mr. Mike Novel, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 26 Mar 02, w/atchs.
    Exhibit B.  Letter, AFPC/DPPPR, dated 21 Oct 02, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 1 Nov 02.
    Exhibit D.  Letter, Applicant, dated 8 Nov 02.




                                   DAVID W. MULGREW
                                   Panel Chair

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