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AF | BCMR | CY2003 | BC-2003-02227
Original file (BC-2003-02227.doc) Auto-classification: Denied





                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02227
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple  Heart  Medal  (PHM)  and  the  Distinguished
Flying Cross (DFC).

_________________________________________________________________

APPLICANT CONTENDS THAT:

On 31 May 1944, he was wounded on his left ankle by enemy  flak  while
on a bombing mission over Mulhouse, France.  He  was  treated  at  the
121st station hospital for about ten days.  Apparently the records  of
his hospitalization to care for this wound have been lost.  He  states
that at the time of his wounding he was concerned only with  survival.
While he was flying combat missions  over  Korea  in  1952,  he  began
seeking evidence to substantiate his claim, but to no avail.

On 24 December 1944, he was recommended  for  award  of  the  DFC,  by
Lieutenant (Lt) ----, that was confirmed by  the  squadron  commanding
officer (CO).  He is convinced that orders were cut for the  award  of
the DFC as his CO told him this upon his departure from the --st  Bomb
Group for the USA.  Upon arriving in the US he was  stationed  in  New
Jersey, Fort Lewis,  San  Antonio,  TX,  and  other  locations  before
eventually being discharged at Fort Lewis.  He believes the order that
awarded him the DFC became lost trying to catch up with him.   He  has
only his word he was awarded the DFC.

In support of his appeal, the applicant has provided copies of  A.G.O.
Form No. 64, Physical Examination for Flying,  an  SF  89,  Report  of
Medical History, which mentions a wound to his leg, and two  pages  of
his logbook.

His complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant, served on active duty during World War II  (WWII)  from
25 February 1943 to 28 September 1945 that included a tour  in  Europe
from 21 April 1944 to 19 January 1945 as a member of  the  ---st  Bomb
Sq.  He was awarded the Air Medal with four  oak  leaf  clusters,  the
European-African-Middle Eastern Campaign Medal, and the  Good  Conduct
Medal.  He served for one year, nine months, and  six  days  of  which
nine months and twenty-eight days were  spent  in  the  air  war  over
Europe.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial.  Regarding the applicant’s  request  for
the PHM, DPPPR notes that applicant’s record does not substantiate his
claims of having been wounded by the enemy.  His 4 May  1945  Physical
Examination for Flying has no mention of any wound or injury  incurred
nor does his Report of  Physical  Examination  of  Enlisted  Personnel
Prior to Discharge, Release from Active Duty,  or  Retirement.   On  4
August 1987, a Conversation  Record  shows  the  applicant’s  original
medical records for 1943-1945 was present in the VA folder during that
conversation and there was no treatment for wounds incurred in  combat
found therein.  The National Personnel  Records  Center  (NPRC)  in  a
reply to the applicant’s  congressional  representative  on  8  August
2003, finds the only medical entries regarding the applicant  show  he
was sick in quarters from 26 to 29 May 1944.  Therefore, based on  the
information provided by the applicant and the fact there is no  record
he was ever treated or hospitalized for any injury or wound, DPPPR  is
unable to verify his eligibility for award of the PHM.

The applicant has been found entitled to the American  Campaign  Medal
and World War II Victory Medal however and these have  been  added  to
his Report of Separation.

Regarding applicant’s claim to the DFC, DPPPR states the applicant has
been  informed  since  1987  of   the   necessity   of   providing   a
recommendation signed by a recommending official and endorsed  by  the
next higher official in his chain of command.  To date,  there  is  no
indication in his records such  a  recommendation  was  made  and  the
applicant has not provided any information  showing  a  recommendation
ever was made.  Therefore, DPPPR is unable to verify  his  eligibility
for award of the DFC.

DPPPR’s complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
26 September 2003 for review and comment 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.  After  thorough  review  of  the
applicant’s submission and medical records, we found  that  there  was
insufficient evidence to support his contention that he was wounded on
his left ankle by enemy flak while on a bombing mission over Milhouse,
France.  Additionally, there was no evidence provided by the applicant
to  substantiate  his  claim  of  being  recommended  for   the   DFC;
consequently, we agree with the opinion and recommendation of the  Air
Force office of primary responsibility and adopt  their  rationale  as
the basis for our conclusion that  the  applicant  has  not  been  the
victim of an  error  or  injustice.   Therefore,  in  the  absence  of
evidence to the contrary, 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-
2003-02227  in  Executive  Session  on  28  October  2003,  under  the
provisions of AFI 36-2603:

      Mr. Richard A. Peterson, Panel Chair
      Ms. Sharon B. Seymour, Member
      Ms. Leslie E. Abbott, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 20 May 03, w/atch's.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 15 Sep 03, w/atch's.
    Exhibit D.  Letter, SAF/MRBR, dated 26 Sep 03.




                                   RICHARD A. PETERSON
                                   Panel Chair

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