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AF | BCMR | CY2003 | BC-2003-02584
Original file (BC-2003-02584.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02584
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS:

Award of the Purple Heart Medal.
_________________________________________________________________

APPLICANT CONTENDS THAT:

He suffered from frostbite on his face while on  a  bombing  mission  on  27
September 1945.  He was listed as  “WIA”  (wounded  in  action)  because  of
hospitalization for treatment of the frostbite.

In support  of  his  request,  applicant  submits  copies  of  his  military
records.  The applicant’s  complete  submission,  with  attachments,  is  at
Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

Applicant was inducted into the  Army  Air  Corps  on  28 January  1943  and
entered active duty on 4 February 1943.  He was  progressively  promoted  to
the grade of staff sergeant.

Applicant’s military personnel records were damaged by fire at the  National
Personnel Records Center in 1973.

The applicant’s Enlisted Record and Report of  Separation  reveals  that  he
participated in the Air Offensive Europe Campaign, with an overseas tour  in
England from 9 June 1943 to 5 April 1944.  He was awarded the  Distinguished
Flying Cross, Air Medal with three oak leaf  clusters,  Good  Conduct  Medal
and the Distinguished Unit Citation.  On 14 October 1945, the applicant  was
honorably discharged from the Army Air Corps.  He was serving in  the  grade
of staff sergeant (E-5) and had completed a total of one  year,  ten  months
and three days of continental service  and  ten  months  and  five  days  of
foreign service at the time of discharge.

In addition to the above decorations, the National Personnel Records  Center
has verified the applicant’s entitlement to the following awards  (forwarded
from the U.S. Army Soldier and Biological Chemical  Command):   Presidential
Unit  Emblem,  European-African-Middle  Eastern  Campaign  Medal,  with  one
bronze service star, World War II Victory  Medal,  Honorable  Service  Lapel
Button WWII and the Aviation Badge.
_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR recommends the application be denied.  DPPPR states  that  the
applicant’s records should also  reflect  award  of  the  American  Campaign
Medal and the Distinguished Unit  Citation,  with  two  oak  leaf  clusters.
DPPPR indicates the applicant provided a page entitled “Operational  Record”
that shows “27.09.43…WIA” (wounded  in  action).   However,  his  Report  of
Separation  does  not  show  that  he  received  any   wounds   in   action.
Applicant’s WWII medical records confirm that he suffered from frostbite  on
his face on 27 September 1943 and was hospitalized until 30 September  1943.
 The applicant’s case was presented to the Purple Heart Review Board  on  22
September 2003 and disapproved for award of the Purple Heart  Medal  because
frostbite is not considered a direct result of enemy action.  It is  obvious
that the applicant suffered from frostbite on his face and received  medical
treatment; however,  the  Purple  Heart  Medal  is  awarded  for  wounds  or
injuries  incurred  as  a  result  of  enemy  action.   The  HQ   AFPC/DPPPR
evaluation, with attachments, is at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on  3  October
2003 for review and response.   As  of  this  date,  no  response  has  been
received by this office (Exhibit D).
_________________________________________________________________

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 review of the  available  evidence
of record and applicant’s  submission,  we  are  unpersuaded  he  should  be
awarded the Purple Heart for frostbite  on  his  face  while  on  a  bombing
mission during World War II.  The Purple Heart  is  awarded  for  wounds  or
injuries incurred as a direct result of enemy action.  In this  respect,  we
note that frostbite is not considered  a  direct  result  of  enemy  action;
therefore, it does not meet the criteria for  award  of  the  Purple  Heart.
The personal sacrifice the applicant endured for his country  is  noted  and
our decision should in no way  lessen  his  service;  however,  insufficient
evidence has been presented to warrant awarding him the  Purple  Heart.   In
view of the above, 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 this application in  Executive
Session on 19 November 2003, under the provisions of AFI 36-2603:

                  Mr. Thomas S. Markiewicz, Chair
                  Ms. Martha Maust, Member
                  Ms. Carolyn B. Willis, Member

The following documentary evidence was considered in connection with  AFBCMR
Docket Number BC-2003-02584.

   Exhibit A.  DD Form 149, dated 23 Jul 03, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPR, dated 23 Sep 03, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 3 Oct 03.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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