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AF | BCMR | CY2003 | BC-2002-03962
Original file (BC-2002-03962.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2002-03962
                       INDEX CODE:  107.00
      APPLICANT  COUNSEL:  None

      SSN        HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect he was awarded  the  Purple  Heart
(PH).
_________________________________________________________________

APPLICANT CONTENDS THAT:

He was wounded while participating in a bombing  mission  against  the
Japanese on 23 January 1943, during World War II.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s military records were destroyed in the 1973  fire  at  the
National Personnel Records Center (NPRC).

The available records reveal that the applicant served on active  duty
from 7 February 1941 - 1 November 1945.  He had an  overseas  tour  in
the Central Pacific from 18 July 1942 - 10 August 1943 and  in  China-
Burma-India Theater from 5 March 1945 - 14 October 1945.  His  records
reflect he was awarded the Air Medal (AM) with  3  Oak  Leaf  Clusters
(OLCs),  the  American  Defense  Service  Medal,  the  Asiatic-Pacific
Service Medal, the Good Conduct Medal (GCM),  the  Distinguished  Unit
Badge, and the American Service Medal.  On 1 April 2003, the World War
II Victory Medal was added to his Report of Separation.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR, on 28 January 2003, provided  the  applicant  with  the
criteria for the PH and informed him that since he was not
injured as a direct result of enemy action, he was  not  eligible  for
award of the PH.

In the applicant’s response of 18 February 2003, he stated his records
were over 60 years old and the fire at the NPRC was over 30 years old,
and it is an unfair and unjust requirement to expect  him  to  provide
documentation to substantiate his request.

DPPPR further states the primary criterion for award of the PH is that
the individual be injured or wounded  as  a  direct  result  of  enemy
action.  The applicant has not provided any documentation to  show  he
was injured or wounded as  a  direct  result  of  enemy  action.   The
documentation he submitted shows he bailed out of the aircraft due  to
an accident.  The applicant has not stated what  injury  or  wound  he
incurred.   Furthermore,  the  documentation  he  provided  states  he
survived the accident without injury.  Without  documentation  showing
the applicant incurred an injury or wound as a direct result of  enemy
action, they cannot verify his eligibility for award of the PH.  Based
on the information provided, DPPPR recommends denying the  applicant's
requests.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 4
April 2003, for review and response.  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.   We  took   note   of   the
documentation the  applicant  provided  in  support  of  his  request.
However, this information does not substantiate the applicant  had  an
injury that met the criteria for award of the PH.  While  we  are  not
unmindful or unappreciative of the applicant’s service to his  Nation,
in the absence  of  the  evidence  substantiating  the  applicant  was
injured as a direct result of enemy  action,  we  find  no  compelling
basis to recommend granting the relief  sought  in  this  application.
However, should the
applicant provide documentation substantiating he  was  injured  as  a
direct result of enemy action, this Board would be willing  to  review
the materials for possible reconsideration.

_________________________________________________________________

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 BC-
2002-03962 in Executive Session on 13 May 2003, under  the  provisions
of AFI 36-2603:

                       Mr. Michael K. Gallogly, Panel Chair
                       Mr. John B. Hennessey, Member
                       Mr. E. David Hoard, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 11 Dec 02, w/atchs.
      Exhibit B. Available Military Personnel Records.
      Exhibit C. Letter, HQ AFPC/DPPPR, dated 24 Mar 03.
      Exhibit D. Letter, SAF/MRBR, dated 4 Apr 03.




                             MICHAEL K. GALLOGLY
                             Panel Chair

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