RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2003-00806
                                       INDEX CODE:  107.00
      XXXXXXXXXXXXXX                    COUNSEL: NONE

      XXXXXXXXXXX                            HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be awarded the Purple Heart Medal with one oak leaf cluster.
_______________________________________________________________

APPLICANT CONTENDS THAT:

He was injured in action on 20 March 1944 after the aircraft he was  in  had
to crash-land in Italy.  He was also aboard another aircraft on 31 May  1944
that was shot down and had to crash-land in Yugoslavia.

In support of his application, the applicant provides a personal  statement;
copies of his medical records; and assorted newspaper  clippings,  articles,
letters and a telegram concerning the plane crash in which he was  involved.
 The applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

On 13 January 1943, the applicant enlisted in the Regular Army  at  the  age
of 18.  The applicant was progressively promoted to the  rank  of  technical
sergeant (E-6).  He performed duties as a Radio  Operator  Mechanic  Gunner.
He was assigned to duties in Italy on 20 March  1944  and  returned  to  the
United States on 22 October 1944.

The applicant’s military personnel records were destroyed in the  1973  fire
at  the  National  Personnel  Records  Center;  however,   the   applicant’s
available   military   medical   records,   provided   by   the    Veteran’s
Administration, indicate that on 29 March  1944,  he  sustained  a  sprained
ankle and a head injury when the  aircraft  he  was  in  crashed  landed  in
Italy.  The records also indicate the applicant was in another  plane  crash
in Yugoslavia; however, it is annotated that  none  of  the  crew  sustained
injury.

The applicant was honorably discharged on 18 May 1945  because  of  physical
disability and was issued a Certificate of Disability Discharge.  He  served
two years, four months and six days on active duty.

On 9 January 1946, the  Veterans  Administration  awarded  the  applicant  a
disability compensation/pension based on a compensable  rating  of  50%  for
conditions associated with migraine headaches, which were residuals  of  the
plane crash.

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial.  DPPPR  states  that  the  applicant  has  not
provided any information or documentation showing that  he  was  injured  or
wounded as a result  of  enemy  action.   The  first  crash-landing  was  an
accident, which the enemy did  not  cause.   The  second  crash-landing,  in
Yugoslavia, was successful, with none of the crew  receiving  any  injuries.
There is no  evidence,  information,  or  documentation  to  show  that  the
applicant was wounded or injured as a  result  of  enemy  action;  therefore
they are unable to verify his eligibility for  award  of  the  Purple  Heart
Medal with one oak leaf cluster.

On 26 March 2003, DPPPRA informed the applicant that  they  were  unable  to
verify his eligibility for the Purple Heart Medal and  asked  the  applicant
to withdraw his application.   On  5  November  2003,  DPPRSP  notified  the
applicant that a DD Form 215, Correction to  DD  Form  214,  Certificate  of
Release or Discharge from Active Duty, was completed to correct his  records
by adding the American Campaign Medal and the World War II Victory Medal  to
which he was entitled.

The AFPC/DPPPR evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on  21
November 2003 for review and response.  As of this date, this  office  has
received no response.

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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  available
records, we found no evidence that the individual is eligible for the  award
of the Purple  Heart  Medal.   According  to  the  evidence  presented,  the
applicant was injured on 29 March 1944 when his aircraft  crashed  on  take-
off.  This incident does not meet  the  requirements  for  the  award  of  a
Purple Heart Medal because the crash was not as a result  of  enemy  action.
We note the applicant also survived a second aircraft  crash-landing  on  31
May 1944; however, even the applicant,  himself,  states  that  he  was  not
injured as a result of the crash.  There is no  indication  in  his  records
that his injuries met the criteria for  award  of  the  Purple  Heart.   The
personal sacrifice the applicant endured for his country is  noted  and  the
recommendation to deny the requested relief in no way  diminishes  the  high
regard we have for his service.  Nevertheless, in  view  of  the  above,  we
find no basis to favorably consider 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 30 January 2004, under the provisions of AFI 36-2603:

            Mr. Wayne R. Gracie, Panel Chair
            Mr. Michael J. Maglio, Member
            Ms. Carolyn B. Willis, Member

The following documentary evidence was considered in connection with  AFBCMR
Docket Number BC-2003-00806:

    Exhibit A.  DD Form 149, dated 26 Oct 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 4 Nov 03.
    Exhibit D.  Letter, SAF/MRBR, dated 21 Nov 03.



                                   WAYNE R. GRACIE
                                   Panel Chair