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AF | BCMR | CY2003 | BC-2002-03285
Original file (BC-2002-03285.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-03285
            INDEX CODE:  107.00

            COUNSEL:  VFW

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart Medal.

_________________________________________________________________

APPLICANT CONTENDS THAT:

During World War II, on 28 July 1945 he was injured while in the  turret  of
the airplane.  He still has the metal and shrapnel in his leg.

In support of his appeal, the applicant provided copies of  pages  from  his
journal regarding the 28 July 1945 flight and other documentation.

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

_________________________________________________________________

STATEMENT OF FACTS:

During the time period in question the applicant enlisted in  the  Army  Air
Corps on 16 November 1943.

According to the applicant’s WD AGO Form 38 (Report of Physical  Examination
of Enlisted Personnel Prior  to  Discharge,  Release  from  Active  Duty  or
Retirement) there is no reference to the applicant having  been  wounded  or
injured.

On 15 November 1945, the applicant was honorably discharged in the grade  of
staff sergeant under the provisions of AR 615-365  RR  1-1  (Convenience  of
the Government/Demobilization).




The applicant  received  the  following  awards:  the  Good  Conduct  Medal,
American Theater  Service  Medal,  Asiatic-Pacific  Theater  with  4  Bronze
Stars, and the World War II Victory Medal.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommended denial.   They  indicated  that  this  case  was  not
presented  to  the  Purple  Heart  Review  Board  because  of   insufficient
information/documentation  to  verify  eligibility.    Applicant   has   not
provided any documentation showing that he received any wounds  or  injuries
during World War II, and the medical records available  only  show  that  he
was hospitalized at Camp Shelby, MS  in  1944  for  pneumonia,  at  Laughlin
Field, TX in May 1944 for appendicitis, and on  Okinawa  in  September  1945
for Psychoneurosis (4 days).  Applicant provided a copy of pages  he  stated
were from his journal regarding the flight on 28 July  1945.   There  is  no
mention of his having been hit by shrapnel or anything  else.   All  medical
documents and his Report of Separation reflect that the  applicant  received
no wounds or injuries while in the Pacific Theater of Operations.

The evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 17 January 2003, a copy of the Air Force evaluation was forwarded to  the
applicant for review and response within  thirty  (30)  days.   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 warranting award of the Purple Heart  Medal.
 We took notice of  the  applicant's  complete  submission  in  judging  the
merits of the case; however, we agree with the  opinion  and  recommendation
of the Air Force and adopt their rationale as the basis for  our  conclusion
that the applicant has not  been  the  victim  of  an  error  or  injustice.
According to the applicant’s available medical  records,  the  documentation
that he provided, and his Report of Separation,  there  are  no  indications
that       he       received       any       wounds       or        injuries



 or specifically, that  he  was  hit  by  shrapnel,  during  World  War  II.
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 AFBCMR Docket Number  02-03285
in Executive Session on 6 March 2003, under the provisions of AFI 36-2603:

                  Ms. Cathlynn B. Sparks, Panel Chair
                  Ms. Nancy W. Drury, Member
                  Mr. Robert H. Altman, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 9 October 2002, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPR, dated 10 January 2003,
                   w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 17 January 2003.




                                CATHLYNN B. SPARKS
                                Panel Chair



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