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AF | BCMR | CY2003 | BC-2003-01738
Original file (BC-2003-01738.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:   BC-2003-01738
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) Medal.

_________________________________________________________________

APPLICANT CONTENDS THAT:

During World War II on a mission to Ulm, Germany,  the  outside  temperature
at altitude was recorded at -65 degrees.  He had been  in  flight  for  over
eight hours.  The sides of the airplane were open to  allow  gun  placement.
He states that his ears were frozen and his  inner  ears  had  such  intense
pressure that upon landing the  flight  surgeon  pierced  both  eardrums  to
relieve  the  pressure.   Between  the  volumes  of  noise  caused  by   the
airplanes, machine guns, along  with  the  piercing  of  his  eardrums,  his
hearing immediately became  difficult  and  has  continued  to  deteriorate.
While hospitalized in Wales,  England,  physicians  who  examined  his  ears
indicated nothing could be done other than the use of hearing aids.  He  was
informed that he was  eligible  for  the  Purple  Heart;  however,  he  felt
unworthy and refused the award due to other men  who  had  sacrificed  their
limbs or who had other serious injuries.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Army Air Corps on 16 February 1943.

According to the applicant’s WD AGO Form 38 (Report of Physical  Examination
of Enlisted Personnel Prior  to  Discharge,  Release  from  Active  Duty  or
Retirement) there is no reference to the applicant having  been  wounded  or
injured as a result of enemy action.  The form does indicate that he had  an
appendectomy and was hospitalized for three weeks in Warington, England.

On 7 October 1945, the applicant was honorably discharged in  the  grade  of
staff sergeant under the  provisions  of  AR  615-365  (Convenience  of  the
Government).

On 26 September  2003,  AFPC/DPPRSP  notified  the  applicant  that  he  was
entitled to the European-African-Middle  Eastern  Campaign  Medal  with  one
silver and one bronze service star, American Campaign Medal, and  the  World
War II Victory Medal.  The awards are reflected on the applicant’s  DD  Form
215 (Correction to DD Form 214).

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommended denial.  They indicated that the  applicant  has  not
provided any information  or  documentation  regarding  a  wound  or  injury
incurred as a result of enemy action.   His  medical  records  only  contain
documentation pertaining to his hospitalization in England for  appendicitis
from 25 June 1945 to 15 July 1945.   Without  any  specific  information  or
documentation regarding an injury or wound incurred as  a  result  of  enemy
action, they are unable  to  verify  the  applicant’s  eligibility  for  the
Purple Heart Medal.

The evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 3 October 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 an error or injustice.  The Board notes that the  Purple  Heart
is awarded for wounds received as a direct result  of  enemy  action  (i.e.,
gunshot or shrapnel wounds, hand-to-hand combat wounds, or  forced  aircraft
bail out injuries due to  the  aircraft  being  shot  down).   There  is  no
indication in the applicant’s service medical records to  substantiate  that
he was injured as a direct result of enemy action.  The  personal  sacrifice
the applicant endured for his country is noted and our decision  in  no  way
diminishes the high regard we have for his  service;  however,  insufficient
documentary evidence has been presented to warrant awarding him  the  Purple
Heart.  Therefore, in the absence of evidence to the contrary,  we  find  no
compelling basis to recommend granting the relief sought.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of an 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-
01738 in Executive Session on 12 November 2003 under the provisions  of  AFI
36-2603:

                 Mr. David C. Van Gasbeck, Panel Chair
                 Mr. James W. Russell III, Member
                 Ms. Patricia Kelly, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 19 May 2003, w/atchs.
   Exhibit B.  Available Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPR, dated 24 September 2003,
               w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 3 October 2003.





                                   DAVID C. VAN GASBECK
                                   Panel Chair



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