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AF | BCMR | CY2003 | BC-2003-00599
Original file (BC-2003-00599.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: 03-00599
            INDEX CODE:  107.00
            COUNSEL:  NO

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) Medal.

_________________________________________________________________

APPLICANT CONTENDS THAT:

During an altitude mission combat flight  in  February  1945,  he  suffered
frostbite to the left of his face.

In support of his appeal, the applicant provides  copies  of  his  Physical
Examination for Flying dated 26 Sep  45,  Report  of  Physical  Examination
dated 11 Oct 45, Report of Medical Examination dated 23  Jan  51,  Clinical
Report dated 6 Aug 45, Purple Heart Review  Board  Report  of  Proceedings,
copy of  missions  flown  and  a  copy  of  the  applicant’s  Congressional
correspondence.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Air Force Reserve Corps  for  Aviation  Cadet
Training on 27 October 1942 in the grade of  E-1  (Private).   On  10  June
1944, he was appointed an aviation cadet and entered  into  Aviation  Cadet
(Air Crew) Training.  On  17 December  1944,  he  was  appointed  a  second
lieutenant, Army of the United States, Air Corps and entered active duty on
same date.

The applicant departed for the European  Theater  of  Operations  (ETO)  on
9 October 1944.  While in the ETO he was assigned to the 449th Bomber Group
and performed his duties as a Navigator.  He departed the ETO on 6 May 1945
and arrived in the Continental US on 15 May 1945.  His separation  document
shows he participated in the following campaigns:  Air Combat Balkans, Rome-
Arno, Northern Apennines and Po Valley Central Europe.  He was awarded  the
European-African-Middle Eastern Theater Ribbon, Distinguished Flying  Cross
and the Air Medal with three oak leaf clusters.

Applicant continued to serve in the Air Force  Reserve  in  an  active  and
inactive status until his transfer to the Honorary Retired Reserve  Section
in the grade of captain effective 22 June 1964.  He had completed  a  total
of 21 years of honorable service.

In a letter dated 1 May 2003, AFPC/DPPRSP corrected the applicant’s  record
to reflect the American Campaign Medal, World War II Victory Medal, and the
National Defense Service Medal (Exhibit F).

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends the application be denied.   DPPPR  states  that  the
applicant provided one document, his 11 Oct 45  physical  examination  that
mentions frostbite.  His previous examination,  on  26  Sep  45,  which  is
almost identical, has no mention of frostbite.  None of his service medical
records show that he was ever treated for frostbite.  DPPPR states that the
Purple Heart Review Board recommended disapproval because frostbite is  not
a qualifying condition for  award  of  the  Purple  Heart  Medal,  and  the
applicant did not provide any  documentation  showing  he  was  wounded  or
injured as a direct result of enemy action.

The DPPPR evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant is certain that his injury was sustained during a bomb  run  over
an enemy target.  The enemy flak was very intense disabling the  electrical
system, which electrified his flight suit and goggles.  Due to  the  severe
cold temperature, frost between  his  goggles  and  oxygen  mask  began  to
accumulate.  When he returned to base, he  was  examined  by  the  squadron
flight surgeon who advised him that if  he  surgically  removed  the  frost
bitten area, it would leave a scar.  Anxious to depart the area,  he  asked
the doctor to leave it alone.  Applicant’s letter is at Exhibit E.

_________________________________________________________________

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.  The applicant contends that he should  be
awarded the Purple Heart for an injury sustained while on a  combat  flight
in February 1945.  However, he has provided no evidence  to  indicate  that
the alleged condition he sustained was the direct result of  enemy  action.
After a thorough review of his submission and the supporting  documentation
he provided, to include his 11 October 1945 report of physical  examination
that lists frostbite as part of his medical history, the evidence does  not
persuade us that he should be awarded the Purple Heart Medal.  There is  no
evidence of medical treatment for the frostbite he alleges he sustained  or
that the condition was a direct result of enemy action.  More  importantly,
the Air Force office of primary responsibility has stated that frostbite is
not a qualifying condition for award of the Purple Heart.  In  the  absence
of evidence indicating that the applicant sustained an injury that met  the
criteria for award of the Purple Heart Medal, we agree with the opinion and
assessment of the Air Force office of primary responsibility concerning the
applicant’s request for the Purple Heart Medal.  While  we  appreciate  and
honor the applicant’s service to his country, in  view  of  the  above  and
absent persuasive evidence showing his records are in error or unjust,  the
applicant’s request is not favorably considered.

________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did  not  demonstrate
the existence of probable 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 this application in Executive
Session on 9 July 2003, under the provisions of AFI 36-2603:

            Ms. Brenda L. Romine, Panel Chair
            Mr. James W. Russell, III, Member
            Mr. E. David Hoard, Member

The following documentary evidence was considered for AFBCMR Docket  Number
03-00599:

    Exhibit A.  DD Form 149, dated 9 Jan 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 17 Apr 03 w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 9 May 03.
    Exhibit E.  Letter, Applicant, dated 12 May 03, w/atchs.
    Exhibit F.  Letter, AFPC/DPPRSP, dated 1 May 03, w/atch.




                                   BRENDA L. ROMINE
                                   Panel Chair

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