RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02096
            INDEX CODE:  107.00

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) medal  for  injuries  sustained
during World War II.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He was wounded while on a bombing mission.   He  was  flying  right
waist gunner position which was an open  window  at  the  time.   A
shell burst beside the plane sent flak thru the right waist  window
grazing  and  cutting  his  right  wrist  and  severing  the  wires
connecting his electric gloves to his suit.  This caused  his  suit
to short out, which at first got real hot  and  then  his  electric
gloves and boots stop heating.  As a result, his fingers  and  toes
were frozen.  He  continued  to  man  his  gun  position  until  he
returned to England.  He was taken to the Base hospital where  they
bandaged his wrist and frozen areas.

Prior to his discharge from the hospital, two  of  his  crewmembers
came by and gave him a message from the captain to come and pick up
his Purple Heart.  After his return to the States, he  was  awarded
the Distinguished Flying Cross and  he  assumed  his  Purple  Heart
would follow, but it never did.

In support of his appeal, applicant submitted a personal statement;
a copy of his WD AGO Form 53-55,  Enlisted  Record  and  Report  of
Separation Honorable Discharge  and  Discharge  Certificate,  dated
12 Sep 45; copies of newspaper articles surrounding the  bomb  raid
in Germany; a copy of a medical record, dated  10  Mar  45;  policy
guidance for award of the Purple Heart medal and a letter from  the
county veterans service commission.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant’s master personnel records reflect that  he  enlisted  in
the Army Air Corps on 2 Nov 42.  His highest grade held  was  staff
sergeant.  Applicant was discharged on 12 Sep 45 and  was  credited
with 2 years, 3 months, and 19 days of continental service.

Applicant was awarded the Distinguished Flying  Cross,  Air  Medal,
with  5  oak  leaf  clusters,  Euro-African-Middle  Eastern  (EAME)
Theater ribbon, with 4 bronze stars and the Air Force Good  Conduct
Medal.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR reviewed this  application  and  recommended  denial.
They indicated that the Purple Heart Medal is awarded for  injuries
suffered as a direct result of enemy action.  Indirect injuries  do
not meet the criteria for the Purple Heart.  Exposure to  frostbite
is not considered  a  condition  for  which  award  of  the  PH  is
appropriate.  Air Force policy is to not award the PH for frostbite
because it is considered to be an indirect result of  enemy  action
which is caused by exposure to climatic elements.

A complete copy of the evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reiterated his original contentions and provided  further
explanations of  the  circumstances  surrounding  his  injuries  he
sustained during World War II.

Applicant’s complete response 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.  After a  thorough
review  of  the  evidence  of  record  and   applicant's   complete
submission, a majority of the Board  was  not  persuaded  that  his
arguments, in and by themselves,  are  sufficiently  persuasive  to
override the rationale provided by the Air Force.  The majority  of
the Board believes the injuries the applicant received  (frostbite)
do not meet the criteria for award of the Purple Heart (PH)  Medal.
The PH medal is awarded for injuries suffered as a direct result of
enemy action.  Therefore, a majority of the Board agrees  with  the
opinion and recommendation of  the  Air  Force  office  of  primary
responsibility and adopts the rationale expressed as the basis  for
their decision that the applicant has failed to sustain his  burden
of having suffered either an error or injustice.  In the absence of
evidence to  the  contrary,  a  majority  of  the  Board  finds  no
compelling basis to recommend granting the relief  sought  in  this
application.

___________________________________________________________________

RECOMMENDATION OF THE BOARD:

A majority of the panel finds insufficient  evidence  of  error  or
injustice and recommends the application be denied.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket  Number
BC-2003-02096  in  Executive  Session  on  19  February  2004   and
4 March 2004, under the provisions of AFI 36-2603:

      Mr. Vaughn E. Schlunz, Panel Chair
      Ms. Jean A. Reynolds, Member
      Mr. James W. Russell III, Member

By  a  majority  vote,  the  Board  recommended   denial   of   the
application.  Mr. Schlunz voted to grant, but he does not  wish  to
submit  a  Minority  Report.  The  following  documentary  evidence
pertaining to BC-2003-02096 was considered:

      Exhibit A.  DD Form 149, dated 15 May 03, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, HQ AFPC/DPPPR, dated 13 Jan 04.
      Exhibit D.  Letter, SAF/MRBR, dated 16 Jan 04.
      Exhibit E.  Letter, Applicant’s Response, dated 20 Feb 04.




                                   VAUGHN E. SCHLUNZ
                                   Panel Chair


AFBCMR  BC-2003-02096





MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
                                        FOR CORRECTION OF MILITARY
RECORDS (AFBCMR)

SUBJECT:  AFBCMR Application of XXXXXXX, XXXXXXX

      I have carefully reviewed the evidence of record and the
recommendation of the Board members.  A majority found that applicant
had not provided sufficient evidence of error or injustice and
recommended the case be denied.  I concur with that finding and their
conclusion that relief is not warranted.  Accordingly, I accept their
recommendation that the application be denied.

      Please advise the applicant accordingly.




                                  JOE G. LINEBERGER
                                  Director
                                  Air Force Review Boards Agency