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AF | BCMR | CY2003 | BC-2003-02774
Original file (BC-2003-02774.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02774
            INDEX CODE:  107.00
            COUNSEL:  NONE

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) Medal.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was wounded on 27 August 1944, while flying a mission over Germany.
 He was injured by flak and was treated by the flight surgeon.  He was
scheduled to return home the following day and elected not to pursue a
PH Medal.  He requests his record be corrected to reflect the PH  that
he should have received nearly 60 years ago.

In support of his request, applicant submits a copy  of  his  DD  Form
214, Enlisted Record and Report of Separation, Honorable Discharge,  a
personal statement, a notarized statement from  a  crewmember,  and  a
statement from his doctor.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s military personnel  records  reflect  that  the  applicant
served on active duty from 3 April 1941 to 31  October  1963  with  an
overseas  tour  in  the  European  Theater  from  11  April  1944   to
10 September 1944.  He retired in the grade of major after serving  22
years, 6 months and 21 days of total service.

Item 30 of his  Report  of  Separation,  Wounds  Received  in  Action,
reflects “None”.

His report of separation reflects award of the  Air  Medal  with  four
bronze Oak Leaf Cluster,  Distinguished  Flying  Cross,  Distinguished
Unit Badge with one Bronze Oak Leaf  Cluster,  European-African-Middle
Eastern Campaign Medal with one silver service star, and  the  Victory
Medal.

On 3 October 2003, his case was presented to the Purple  Heart  Review
Board and his request for award of the PH Medal, was disapproved on 15
October 2003.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR  recommended  the  applicant's  request  be  denied.    The
applicant has not provided any documentation showing he was wounded or
injured as a result of enemy action during World War II.  In  item  17
of the DD Form 149, the applicant stated  that  the  98th  Bomb  Group
Flight Surgeon treated him, but since he was scheduled to go home  the
next day, he elected not to pursue a PH.  However,  his  records  show
that during 26 August to 6 September 1944, the  applicant  flew  three
combat flight missions, and did not depart for the United States until
10 September 1944.  Since the applicant has  not  provided  sufficient
information  or  documentation  to   substantiate   his   claim,   his
eligibility for the PH cannot be verified.

The DPPPR evaluation, with attachments, 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
24 Oct 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 a thorough review  of  the
applicant’s submission and the available evidence of  record,  we  are
not persuaded that he should be awarded the Purple  Heart  Medal.   We
noted the statement from the pilot.  However, there  was  no  evidence
presented which would lead  us  to  believe  that  the  applicant  was
medically treated for any wounds incurred as a direct result of  enemy
fire.  We are not unmindful or unappreciative of his  service  to  his
Nation.  However, without persuasive evidence that he was wounded as a
direct result of enemy action and received medical treament  for  that
wound at that time, we find no compelling basis to  warrant  favorable
consideration of his application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be  notified  that  the  evidence  presented  did  not
demonstrate the existence of an 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  no   considered   with   this
application.

_________________________________________________________________

The following members of the Board considered Docket  Number  BC-2003-
02774 in Executive Session on 10 December 2003, under  the  provisions
of AFI 36-2603:

                 Mr. Thomas S. Markiewicz, Panel Chair
                 Ms. Kathleen F. Graham, Member
                 Mr. J. Dean Yount, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 14 August 03, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPPR, dated 20 Oct 03, w/atchs.
      Exhibit D. Letter, SAF/MRBR, dated 12 Oct 03.




      THOMAS S. MARKIEWICZ
      Chair




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