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AF | BCMR | CY2003 | BC-2003-01675
Original file (BC-2003-01675.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01675
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

The applicant requests that her late-husband’s records be corrected to
reflect award of the Purple Heart (PH).

_________________________________________________________________

APPLICANT CONTENDS THAT:

Her husband was injured on 11 July 1944, on  a  mission  over  Munich,
Germany.  Upon return  to  England  after  the  mission,  her  husband
requested not to be sent for medical treatment for fear of losing  his
position and notification being  sent  to  his  family  regarding  his
injuries.

The applicant has provided statements and an excerpt of  an  interview
from her late-husband’s crewmembers.

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  provided  by  the  applicant  reveal  that  the
servicemember  served  on  active  duty  from  16   March   1943  -  8
October 1945.  He had an overseas tour in the European Theater from  6
April-11 September 1944.  His Report of  Separation  reflects  he  was
awarded the Distinguished Flying Cross, Air Medal with four  Oak  Leaf
Clusters, the European-African-Middle Eastern Campaign Medal with  one
Bronze Service Star.

A DD Form 215 was  issued  on  12  August  2003  adding  the  American
Campaign Medal and the World War II Victory Medal to  the  applicant’s
DD Form 214.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR states the applicant has not provided any evidence  showing
the servicemember received medical treatment for any  injuries  caused
by enemy action.  Furthermore, the  statements  from  his  crewmembers
regarding  the  servicemember’s  injuries  were  conflicting  and  the
servicemember himself informed a Veterans Affairs  Physician  that  he
was  unharmed  during  the  war.   DPPPR  is  unable  to  verify   the
servicemember received an injury that meets the criteria for award  of
the PH.  Therefore, they recommend the requested belief be denied.

A complete copy of the evaluation, with attachments,  is  attached  at
Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 22 August 2003, a copy of the Air Force evaluation was forwarded to
the applicant for review and response 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.   We  took   note   of   the
documentation the applicant provided in support of her request for her
late-husband to be awarded the PH.  However, we are not persuaded that
this information substantiates the servicemember had  an  injury  that
met the criteria for award of the PH.  While we are not  unmindful  or
unappreciative of the servicemember’s service to his  Nation,  in  the
absence of evidence substantiating the servicemember was injured as  a
direct result of enemy action and received medical treatment  for  the
injuries, 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.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2003-01675 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 28 Feb 03, w/atchs.
      Exhibit B. Avaialble Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPPR, dated 8 Aug 03, w/atch.
      Exhibit D. Letter, SAF/MRBR, dated 22 Aug 03.




                             JOHN L. ROBUCK
                             Panel Chair

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