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AF | BCMR | CY2004 | BC-2003-01940
Original file (BC-2003-01940.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01940
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart Medal.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He does not believe there was an error or injustice.  He  was  wounded
in Normandy and also in Belgium, and froze  both  feet  during  combat
conditions.  It was never entered into his records.

He was wounded the first time in Normandy, France not long  after  the
invasion.  He was a corporal at the time assigned to MRR Squadron  9th
Air Corps.  It was the last part of June 1944.  The medics thought the
wound was from sniper fire from a glancing rock or metal on  the  road
causing gashes on his left leg just  above  the  ankle.   He  was  not
hospitalized, but treated by medics and released.  The second time  he
was wounded was in Belgium near the town of Winterslag, the winter  of
1944.  They were bombing Antwerp with the VI Buzz Bomb.  It was during
an air raid that the spark arrester  from  a  6-man  tent  struck  him
causing a severe gash in the back of his head.  It  required  stitches
at a field hospital; he was released the same day.  He realizes  these
were not crippling wounds but were wounds caused by  the  enemy  under
combat conditions.

In support of the appeal, applicant submits three personal statements,
a copy of his medical reports,  a  copy  of  a  news  article  showing
another veteran received a Purple Heart for his badly frozen  feet,  a
copy of documentation that shows applicant  has  a  service  connected
disability evaluated at 100 percent for his cold weather injury, and a
copy of his Report of Separation.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was inducted into the Army of the United  States  on  19
January 1943 and entered active duty in the grade  of  private  on  26
January 1943.  He was progressively promoted to the grade of  sergeant
and performed duties as an aircraft electrician.  He was  assigned  to
the European-American Theater of  Operation  on  17 October  1943  and
returned to the Continental United States on 27 November 1945.  He was
honorably discharged because of demobilization on 4 December 1945.  He
was credited with 8 months and 19 days of service in  the  continental
United States and 2 years, 1 month and 20  days  of  foreign  service.
His separation document indicates he had participated in the Normandy,
Northern France, Rhineland, Central Europe, and Air  Offensive  Europe
battles and campaigns.  He  had  been  awarded  the  European-African-
Middle Eastern Service Ribbon, the Good Conduct Medal, and the Victory
Medal.

Prior  to  his  separation,  the  applicant   underwent   a   physical
examination in which, among other things, it was indicated that  there
were “no complaints” when asked  to  list  all  significant  diseases,
wounds and injuries.  In addition, his separation document reported no
wounds received in action.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR states that the applicant’s medical records do not indicate
that he was wounded or injured at any time during World War  II.   His
physical examination upon discharge specifically states “none” in  the
section for wounds, injuries, or diseases.  Since  the  applicant  has
not provided the  necessary  information,  or  any  documentation,  to
substantiate his claims, they are unable to verify his eligibility for
award of the Purple Heart Medal.  Therefore, they recommend denial  of
applicant’s request.

On 2 September 2003, the applicant was asked to provide the  necessary
information and documentation listed  on  the  Purple  Heart  Criteria
sheet or withdraw his application.

A complete copy of the evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 16 February 2004, applicant forwarded copies from a diary  that  he
kept.  He states that he could not provide any additional evidence.

Applicant's complete response, with attachments, is at Exhibit E.

_________________________________________________________________

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.   We  took  notice  of   the
applicant's submissions in judging the merits of the case; however, we
agree with the opinion and recommendation of the Air Force  and  adopt
their rationale as the basis for the conclusion that the applicant has
not been the victim of an error or injustice.  The applicant  has  not
provided any corrobrative documentation or  witness  statements  which
would lead us to believe he was wounded or injured as a direct  result
of enemy action or that he received medical treatment at any time  for
such a wound or injury.   While  we  are  not  unappreciative  of  the
applicant’s service to  the  nation,  without  some  medical  evidence
relating to treatment, evidence of scarring from  a  wound  or  injury
which qualifies under the criteria  for  award  of  the  Purple  Heart
Medal, or witness statements in support of the applicant’s claims, the
applicant’s request 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,  BC-
2003-01940,  in  Executive  Session  on  25  March  2004,  under   the
provisions of AFI 36-2603:

                 Mr. Robert S. Boyd, Panel Chair
                 Ms. Beth M. McCormick, Member
                 Mr. Albert C. Ellett, Member


The following documentary evidence pertaining to Docket Number BC-2003-
01940 was considered:

      Exhibit A. DD Form 149, dated 11 Mar 03, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPPR, dated 14 Jan 04.
      Exhibit D. Letter, SAF/MRBR, dated 23 Jan 04.
      Exhibit E. Applicant’s Response, w/atchs.




                             ROBERT S. BOYD
                             Panel Chair

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