RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01232
            INDEX CODE:  107.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) Medal.

_________________________________________________________________

APPLICANT CONTENDS THAT:

On 24 June 1944, he was forced to make  an  emergency  parachute  jump
from an airplane disabled by enemy fire.  He hit the ground  hard  and
suffered a neck injury.  He did not  see  a  physician  while  in  the
combat zone.  However, his injury was confirmed by the  Department  of
Veteran Affairs (DVA) to be a cervical strain suffered by contact with
an instrumentally of war.  This statement, if made to the physician in
Italy would have resulted in the award of the PH.

Upon his return to military control, others who had injuries were seen
by the  flight  surgeon  and  documentation  authorizing  the  PH  was
initiated, but he was never able to complete this process.

Facts surrounding his injury were never considered by the  appropriate
authority.

He needs the PH to be eligible for concurrent receipt of  his  retired
pay and disability compensation.

In support of his request, applicant submits a personal statement.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s military personnel  records  reflect  that  the  applicant
served on active duty as a commissioned officer from 15  January  1944
through 31 May 1971 and retired in the grade  of  Lieutenant  Colonel.
He served 20 years and 6 months of active duty service.

He served in Europe on 28 May 1944 and was  shot  down  and  became  a
prisoner of war (POW) on 24 June 1944.  He was  returned  to  military
control on 27 Aug 1944 and returned to the U.S.  on      12  September
1944.  He  is  entitled  to  the  Air  Medal,  European-African-Middle
Eastern Campaign Medal, American Campaign Medal, and the World War  II
Victory Medal.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommended the applicant's request be denied.  He has  not
provided  any   documentation   or   corroborating   statements   from
individuals with firsthand knowledge of such an injury.

His military medical records show he was admitted to the  hospital  in
Florida as an administrative admission for determination  of  physical
fitness; he exhibited anxiety  and  psychosomatic  symptoms.   He  was
diagnosed as having severe Operational Fatigue.

On 14 November 1945, while hospitalized for operational  fatigue,  his
cervical spine was examined and found  to  be  “negative  for  old  or
recent injury.”  His bones, joints, and muscular system were found  to
be normal.  On  11  January  1945,  the  applicant  was  examined  for
determination of physical fitness and the  first  mention  of  a  neck
injury (sprain), is made by the applicant to the examining  physician.
His 27 Aug 1945 physical examination and subsequent examinations until
his retirement in 1971 make no mention of any  neck  or  back  injury.
His retirement physical of  1 February 1971,  includes  an  orthopedic
consult in which the applicant claims of neck pain and  mid-back  pain
dating back to 1944 that resolved itself over a period of two-and one-
half months.  His range of motion was found to be unrestricted at  the
time.  The applicant has not provided any documentation or  statements
from witnesses with firsthand knowledge  that  he  was  injured  as  a
direct  result  of  enemy  action  or  any  other   documentation   to
substantiate his claim.  His medical records do not support his claim.
 Therefore, his eligibility for award of the PH cannot be verified.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant  states  that  the  advisory  opinion  is  not  entirely
correct.  The advisory refers  to  his  retirement  physical  and  the
radiological consult and it’s findings contained there in,  but  omits
any reference to the conclusion that he was diagnosed to have suffered
a cervical strain.  There were no  fractured  bones.   The  injury  he
sustained was a strain, which is an injury to the soft tissue that  is
undetectable by radiological and the objective tests.

He believes the retirement exam illustrates the difference.   Although
the examinations conducted at St. Petersburg failed to find an injury,
they confirmed that he was seeking treatment for a painful neck on  or
before 14 November 1944.

Since his statement and records are consistent, the Board should  find
that his claim is  substantiated  and  direct  that  action  be  taken
accordingly.

Applicant’s complete submission, with attachments, 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.  After a thorough review  of  the
applicant’s submission and  the  available  evidence  of  record,  the
majority of the board was not persuaded that he should be awarded  the
Purple Heart Medal.  There was no evidence presented, other  than  his
own assertions, which would lead the board majority 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.  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.  Otherwise, without  persuasive
evidence that he was wounded as a direct result of enemy  action,  the
majority of the Board finds no compelling basis to  warrant  favorable
consideration of his application.
_________________________________________________________________

THE BOARD RECOMMENDS THAT:

A majority of the  Board  finds  insufficient  evidence  of  error  or
injustice and recommends the application be denied.

_________________________________________________________________

The following members of the Board considered Docket  Number  BC-2003-
01232 in Executive Session on 17 July 2003, under  the  provisions  of
AFI 36-2603:

                 Ms. Patricia D. Vestal, Panel Chair
                 Ms. Sharon Seymour, Member
                 Mr. Clarence D. Long, III, Member

A majority of the Board voted to deny the application.  Mr. Long voted
to correct the records but elected not to submit  a  minority  report.
The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 5 Mar 03, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPPR, dated 20 May 03, w/atchs.
      Exhibit D. Letter, SAF/MRBR, dated 23 May 03.
      Exhibit E. Letter, Applicant, dated 17 Jun 03, w/atchs.







      PATRICIA D. VESTAL
      Panel Chair







MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
                       FOR CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  AFBCMR Application of APPLICANT, BC-2003-01232

      I have carefully reviewed the evidence of record and the
recommendation of the Board members.  A majority found that the
applicant had not provided sufficient evidence of error or injustice
and recommended the case be denied.  I concur with that finding and
their conclusion that relief is not warranted.  Accordingly, I accept
their recommendation that the application be denied.

      Please advise the applicant accordingly.




                                        JOE G. LINEBERGER

                                        Director

                                        Air Force Review Boards Agency