RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBERS:  BC-2003-00895
            INDEX CODE 107.00
            COUNSEL:  None

            HEARING DESIRED:  Yes

_________________________________________________________________

APPLICANT REQUESTS THAT:

His WD AGO Form 53-55, Enlisted Record  &  Report  of  Separation,  be
changed in Item 6 to reflect “30th Photo Recon Sq,” rather than  “13th
Photo Tech Unit,” and in Item 34 to  reflect  he  received  wounds  in
action with the First Army on Omaha Beach [presumably to  qualify  for
the Purple Heart (PH)].

[Note: Item 6 has been administratively corrected.]

_________________________________________________________________

APPLICANT CONTENDS THAT:

Service connected injuries were established  upon  his  discharge.  He
assumes the fire destroyed his official records.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Army Air Corps and entered  active  duty
on 4 Dec 42.

The applicant was treated for minor acute illnesses, most often  upper
respiratory tract infections. In late May or early  Jun  43  in  South
Dakota, he was involved in a motor vehicle accident when he swerved to
avoid a dog and the Army truck he was driving overturned. He sustained
a  blow  on  the  side  of  the  head  and  a  fractured  finger,  was
hospitalized  for  observation  following  symptoms  of  headache  and
vertigo, and was released when he was symptom free. The applicant  was
also  hospitalized  for  a  week  in  Dec  43  for   “nasopharyngitis,
catarrhal, acute.”

He served as an aerial photo-topographer in the  European  Theater  of
Operations (ETO) from 29 Jan 44 to 30 Oct 45.  Battles  and  campaigns
included the Air Offensive Europe, Ardennes, Central Europe, Normandy,
Northern France and Rhineland.

No other entries are evident until the applicant’s  discharge  medical
examination on 15 Nov 45.  Block 11 of the exam,  which  required  the
listing  all  significant  diseases,  wounds  and  injuries  and   the
circumstances under which  incurred,  reflects  “No  history  malaria,
syphilis,   dysentery,   concussion.”   The   exam   also   noted   in
“Musculoskeletal Defects” a fractured finger on his left hand that was
asymptomatic and non-disabling. No mention  is  made  of  any  combat-
related injuries including projectile, bomb blast, shrapnel,  aircraft
crash, etc.

The AFBCMR Medical Consultant provides more  medical  details  in  his
advisory at Exhibit C.

The applicant was honorably discharged on 16 Nov 45 after 2 years,  11
months and 23 days of active  service.  His  decorations  include  the
American Service Medal, the Distinguished Unit  Badge,  the  European-
African-Middle Eastern Service Medal, the Good Conduct Medal, and  the
World War II (WWII) Victory Medal.

He was awarded a 10% rating from the Veterans Administration  (VA)  on
14 Nov 46 for migraine, well-marked, residuals of concussion.

A post-service medical entry dated 22 Sep 82  reported  the  applicant
stated he had sustained “crush injuries” to his fingertips in  Jun  44
during the Normandy Beach landing when he helped unload plasma from  a
barge. X-rays revealed traumatic arthritis.

In a 1 Aug 96 VA compensation evaluation, the applicant claimed  that,
in addition to the medals listed on his WD AGO Form 53-55 (see above),
he received the PH, the Silver and Bronze Stars,  and  the  Paris  and
Belgium Liberation medals.  The  applicant  reported  he  witnessed  a
friend’s  head  blown  away   and   the   liberation   of   Buchenwald
Concentration Camp. He also claimed to have been injured with a  piece
of shrapnel and sustained teeth damage at  Saint  Lo  during  a  “back
bombing” by US Army Air Corps planes in Jul 44. References  were  also
made to an eye injury sustained  from  a  B-17  belly  landing  during
training. However, the  available  records  contain  no  documentation
regarding these issues.

A 14 Aug 96 VA Rating Decision granted 20% for traumatic arthritis  of
both hands, 10% for migraine  (residual  of  concussion),  but  denied
service connection for post  traumatic  stress  disorder  (PTSD).  The
report noted the truck  accident  was  confirmed  by  service  medical
records but there was no evidence that the other  incidents  occurred,
that the applicant was actually involved or injured  in  any  way,  or
that he received the PH and the Bronze and Silver  Stars.  The  record
did not establish the applicant engaged in combat  and  his  testimony
was not supported by service records or his own personal documents.

A Department of Veterans Affairs (DVA) personal hearing  was  held  on
30 Apr 97. According to the 19 Aug 97 Supplemental  Statement  of  the
case, the applicant testified that his primary duty was  to  interpret
aerial photographs for the Army and he  performed  this  duty  on  the
ground. He  denied  participating  in  combat  on  the  ground  as  an
infantryman. He did participate in two  aerial  photographic  missions
prior to the actual invasion of Normandy. The evidence of  record  and
the applicant’s testimony and arguments did not support his claim  for
service connection PTSD. The Statement concluded the applicant was not
engaged in combat.

The applicant’s claims  for  PTSD  have  been  repeatedly  denied.  He
receives  compensation  from  the  DVA  for  migraine  and   traumatic
arthritis of both hands.

On 22 Jan 04, HQ AFPC/DPPRSP advised the applicant that his separation
document had been corrected to reflect “30th Photo Recon Sq”  in  Item
6. They also advised him that records reviewed by a medical consultant
found no evidence he received any combat wounds or injuries qualifying
him for the PH. He was asked to provide information  or  withdraw  his
request. The applicant did not respond.

_________________________________________________________________

AIR FORCE EVALUATION:

The  AFBCMR  Medical  Consultant  provides   details   regarding   the
applicant’s medical  history  based  on  the  available  records.  The
Consultant concludes the military and DVA medical  records,  including
those in the immediate post-war years, do not show  any  evidence  the
applicant  received  any  combat  wounds  or  injuries.   Action   and
disposition  in  this  case  were  proper  and  equitable   reflecting
compliance  with  Air   Force   directives.   Therefore,   denial   is
recommended.

A complete copy of the evaluation is at Exhibit C.

HQ  AFPC/DPPPR  advises   they   requested   the   applicant   provide
information/documentation showing he was injured or wounded in WWII to
justify award of the PH. The applicant did not respond. They  conclude
that, as the applicant’s records did not indicate he  was  wounded  or
injured as a result of  enemy  action  and  he  did  not  provide  any
information or documentation to substantiate  his  claim,  his  appeal
should be denied.

A complete copy of the evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Complete copies of the Air Force evaluations  were  forwarded  to  the
applicant on 30 Jan 04 for review and comment within 30 days.   As  of
this date, this office has received no response.

_________________________________________________________________

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. The applicant’s request  to  have
his separation document reflect he was a  member  of  the  30th  Photo
Recon Sq has been accomplished administratively. Therefore,  the  only
issue remaining for the Board’s consideration is whether  his  records
should be changed to reflect  he  sustained  combat  wounds.  After  a
thorough  review  of  the  evidence  of  record  and  the  applicant’s
submission, we are not persuaded this remaining portion of his  appeal
should  be  granted.  The  applicant’s  contentions  are  duly  noted;
however, we do not find these uncorroborated  assertions,  in  and  by
themselves, sufficiently persuasive to override the evidence of record
and the rationale provided by the Air  Force.  Neither  the  available
military and DVA medical records nor the  applicant’s  own  submission
substantiate his claims that he was wounded  as  a  direct  result  of
enemy action. In view of the above and absent persuasive  evidence  to
the contrary, we conclude the applicant has not sustained  his  burden
of having suffered either an error or an  injustice  and  this  appeal
should be denied. Notwithstanding our  decision,  we  acknowledge  the
applicant’s contributions to our country  during  a  period  of  great
peril.

4.    The applicant’s case is adequately documented  and  it  has  not
been shown that a personal appearance with  or  without  counsel  will
materially add to our understanding of the issues involved. Therefore,
the request for a hearing is not favorably considered.
_________________________________________________________________

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 23 March 2004 under the  provisions  of  AFI  36-
2603:

                 Mr. Richard A. Peterson, Panel Chair
                 Ms. Jean A. Reynolds, Member
                 Ms. Cheryl V. Jacobson, Member

The following documentary evidence relating to AFBCMR Docket Number BC-
2003-00895 was considered:

   Exhibit A.  DD Form 149, dated 11 Mar 03, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFBCMR Medical Consultant, dated 8 Sep 03.
   Exhibit D.  Letter, HQ AFPC/DPPPR, dated 14 Jan 04.
   Exhibit E.  Letter, SAF/MRBR, dated 30 Jan 04.





                                   RICHARD A. PETERSON
                                   Panel Chair