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AF | BCMR | CY2003 | BC-2003-01478
Original file (BC-2003-01478.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01478
                       INDEX CODE:  107.00
                       COUNSEL:  None

                       HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

The award was omitted at the time of his discharge.

He is now requesting the PH  59  years  after  the  incident  for  the
following reasons:

            a.  His health now requires special care from the Veterans
Affairs (VA).

            b.  The cost of his VA service depends on a rating scale.

            c.  The Purple Heart will raise him  from  a  seven  to  a
three.

            d.  His service records were lost in the St. Louis fire.

            e.  The flight surgeon and intelligence  officer  both  of
whom could attest to the cited mission 13 in the personnel log and  in
the discharge papers are deceased.

            f.  Because of the space requirements required  for  other
citations and awards, the PH was not listed.

            g.  Over the years orders for all his medals and citations
have been misplaced or lost.

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

_________________________________________________________________

STATEMENT OF FACTS:

During the time period in question, the  applicant  served  on  active
duty from 7 January 1944 through 12 December 1945.  He had an overseas
tour in Italy from 28 June 1944 through 11 July 1945.

He flew a total of 750 hours of which 55 were  night  flying  and  250
were combat hours on 119 combat missions in the European Theater.   He
flew in PT-10, BT-13, AT-6, P-40, P-47, A-36, P-51, L-4, B-25, and  B-
26 aircraft.  The records indicate all flying was without accident  or
mishap except that due to enemy action.

His Report of Separation indicates that his wounds received in  action
included glass from a shattered canopy in his left eye and  a  cut  on
his forehead in a  crash  landing  in  combat.   There  are  no  dates
indicating when these injuries occurred.

His records reflect he was awarded the European-African-Middle Eastern
Campaign Medal (EAME) with five  Bronze  Service  Stars,  Silver  Star
Medal, Distinguished Flying Cross (DFC)  with  one  Oak  Leaf  Cluster
(OLC), Air Medal (AM) with  seven  OLCs  and  the  Distinguished  Unit
Citation with one OLC.  The American Campaign Medal and World  War  II
Victory Medal have been added to his Report of Separation.

On 24 March 2003, the  Department  of  Veterans  Affairs  granted  the
applicant a 100 percent disability rating for  Post  Traumatic  Stress
Disorder (PTSD)  but  denied  service  connection  for  the  bilateral
hearing loss, tinnitus, Parkinson’s Disease, including as due to  head
trauma, and lose of vision in left eye.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR, on  10  June  2003,  requested  the  applicant  provide
documentation to verify his eligibility for award of the PH.   He  did
not respond.  DPPPR further states the applicant’s  records  were  not
destroyed in the fire at NPRC in 1973; in fact, they  are  intact  and
extensive.  There is no evidence in the applicant’s records indicating
he was recommended or awarded the PH.  Without detailed  documentation
showing the date of the injury and the injury was incurred as a result
of enemy action, or any other pertinent  information  that  meets  the
criteria for award of  the  PH,  the  applicant’s  request  cannot  be
processed through the Purple Heart Review Board.

Based on the information provided AFPC/DPPPR  recommends  denying  the
requested relief.

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 8
August 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.

_________________________________________________________________

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,  or
if  the  applicant  provides  the  kinds  of  additional   information
requested in the 10 June 2003 letter from HQ AFPC/DPPPRA.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2003-01478 in Executive  Session  on  23  September  2003,  under  the
provisions of AFI 36-2603:

                 Mr. John L. Robuck, Panel Chair
                 Mr. James W. Russell, III, Member
                 Mr. Jay H. Jordan, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 18 Mar 03, w/atchs.
      Exhibit B. Military Personnel Records.
      Exhibit C. Letter, HQ AFPC/DPPPR, dated 23 Jul 03.
      Exhibit D. Letter, SAF/MRBR, dated 8 Aug 03.




                             JOHN L. ROBUCK
                             Panel Chair

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