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AF | BCMR | CY2003 | BC-2003-00504
Original file (BC-2003-00504.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-00504
            INDEX CODE:  107.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) Medal.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was injured in Dussoldorph, Germany in August 1945 when  the  truck
he was riding in struck a land mine.  He was hit with shrapnel in  his
shoulder, head and both legs.

In support of his request, applicant submits a copy of  page  four  of
his Department of Veteran Affairs disability  records,  a  copy  of  a
letter from DVA, a personal statement on VA Form 21-4138, Statement in
Support of Claim, a letter of support, a copy of WD  AGO  Form  53-55,
Enlisted Record and Report of Separation, Honorable Discharge,  and  a
copy of WD AGO  Form  100,  Army  of  the  United  States,  Separation
Qualification Record.

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

_________________________________________________________________

STATEMENT OF FACTS:

The former member’s military personnel records were destroyed by  fire
in  1973  at  the  National  Personnel  Records  Center.   Applicant’s
available records reflect that he served on active duty from 5 October
1942 through 29 March 1946.  He served four (4) years, five (5) months
and twenty-five (25) days of active duty service.

He served in the European Theater  of  Operations  from  10  May  1945
through 12 March 1946.  He was assigned  to  the  910th  Air  Engineer
Squadron as  a  cook.   He  was  awarded  the  European-African-Middle
Eastern Campaign Medal, Good Conduct Medal, American  Campaign  Medal,
and the World War II Victory Medal.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR  recommended  the  applicant's  request  be  denied.    The
applicant’s records were destroyed in the 1973 fire  at  the  National
Personnel Records Center.  However, DVA provided his  service  medical
documents, which do not substantiate the applicant’s  eligibility  for
the Purple Heart Medal.  Furthermore, the applicant has  not  provided
sufficient detailed information or documentation to warrant submitting
his case to the Purple Heart Review Board.

The DPPPR evaluation, with attachments, 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
11 July 2003 for review and comment within 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.  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.  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,  and  should  he  secure
supporting documentation or a notarized account from an individual who
eye witnessed his injuries, we would  be  willing  to  reconsider  his
application.  Therefore,  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  not  considered   with   this
application.

_________________________________________________________________

The following members of the Board considered Docket  Number  BC-2003-
00504 in Executive Session on 19 August 2003, under the provisions  of
AFI 36-2603:

                 Mr. Richard A. Peterson, Panel Chair
                 Mr. Roscoe Hinton, Member
                 Ms. Cheryl Jacobson, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 31 Oct 03, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPPR, dated 1 Jul 03, w/atchs.
      Exhibit D. Letter, SAF/MRBR, dated 11 Jul 03.







      RICHARD A. PETERSON
      Panel Chair




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