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AF | BCMR | CY2004 | BC-2003-02518
Original file (BC-2003-02518.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2003-02518
            INDEX CODE:  107.00
            COUNSEL:  NO
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) Medal.

_________________________________________________________________

APPLICANT CONTENDS THAT:

On one of his missions he was hit in the face with  a  piece  of  flak  and
bled.  On another mission his heated suit did not function and he sustained
frostbite in his hands while working on the bomb site in 60  degrees  below
zero weather.  He has lived with pain in his hands and has also  lost  most
of his hearing due to sitting near  the  B-24  engines.   He  received  the
Distinguished Flying Cross for a bombing mission over Austria in  1945  and
is therefore asking to receive the PH for all the pain and bleeding he  had
to endure.

In support of his appeal, the  applicant  provides  a  personal  statement,
copies of his certificate of service,  DD  Form  214,  honorable  discharge
certificate, and a copy of his diary of the missions flown.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted into the Army of the United States, Air  Corps  Enlisted
Reserve, in the grade of private on  14 November  1942,  was  appointed  an
aviation cadet and entered into Aviation Cadet  Training.   Due  to  flying
deficiencies, he was relieved from further flying  and  entered  bombardier
school.  Upon successful completion of this training, he  was  awarded  the
aeronautical rating of Bombardier.  On 24 September 1944, he was  honorably
discharged from the Army of the United States to accept an appointment as a
second lieutenant, Army of the United States and was ordered to active duty
on 25 September 1944.

He departed for the European Theater of Operations (ETO) on 9 August  1944.
While in the  ETO  he  was  assigned  to  the  512th  Bomb  Squadron  as  a
bombardier.  He was honorably discharged on 27 June 1945 in  the  grade  of
first lieutenant with 4 months and 8 days  of  continental  service  and  8
months and 19 days of foreign service.  His separation  document  shows  he
participated in  the  following  campaigns:   Rome-Arno,  Southern  France,
Northern Apennines, Germany and Po Valley Central Europe.  He  was  awarded
the European-African-Middle Eastern Theater  Ribbon,  Distinguished  Flying
Cross and the Air Medal with three oak leaf clusters.

On 21 November 1945,  the  applicant  was  appointed  a  first  lieutenant,
Officers’ Reserve  Corps,  Army  of  the  United  States,  Air  Corps.   He
continued to serve in the Air Force Reserve in an inactive status until his
discharge effective 13 May 1955.

Transmittal records show that the applicant’s medical  and  dental  records
were furnished to the Veterans Administration on 22 April 1948.  Efforts to
obtain the applicant’s medical records  from  the  Veterans  Administration
have been unsuccessful.

Based on limited available medical  records,  a  Physical  Examination  for
Flying, dated 18 September 1944, was completed on the applicant  citing  an
“injury to right forehead in 1933.”  Additionally,  a  Report  of  Physical
Examination, dated 22 June 1945, cites “three  sutures  on  right  side  of
forehead 1935, one inch depressed scar on right forehead.”

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends the application be denied.   DPPPR  states  that  the
applicant has not  provided  sufficient  information  or  documentation  to
substantiate his claim for award of the PH.  A date is required in order to
issue a PH and more importantly, medical documentation showing he  received
treatment for a wound or injury caused by the enemy.

The DPPPR evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states that when he was discharged from the Air Force, he did not
mention anything about his face because he wanted to go home and  get  back
to school.  He cannot show medical documentation because the Air Force  has
his medical records.  Applicant’s letter, 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.  We took notice of the applicant’s contention that he should  be  awarded
the Purple Heart  for  injuries  sustained  while  on  bombing  missions  in
Europe.  After a thorough  review  of  his  submission  and  the  supporting
documentation he provided, to include a copy  of  his  diary  detailing  the
events that transpired during each mission, these statements  alone  do  not
persuade us that he should be awarded the Purple Heart Medal.  There  is  no
evidence of medical treatment for the wounds  he  alleges  he  sustained  or
that the wounds were a direct result of  enemy  action.   In  addition,  the
applicant did not provide any current medical evidence of scarring or  other
residuals of the asserted injuries that would persuade us  that  he  had  an
injury, which warranted the award  of  the  Purple  Heart  Medal.   However,
should the applicant obtain testimonies from  members  from  his  unit  that
were on the mission and can account for his injuries,  he  may,  of  course,
request reconsideration of this application and we  would  review  this  new
evidence.  While we appreciate and honor  the  applicant’s  service  to  his
country, in view of the above and absent  persuasive  evidence  showing  his
records are in error or unjust, the applicant’s request cannot be  favorably
considered.
________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of probable 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 11 March 2004, under the provisions of AFI 36-2603:

                 Mr. Michael K. Gallogly, Panel Chair
                 Ms. Renee M. Collier, Member
                 Mr. Joseph D. Yount, Member

The following documentary evidence for AFBCMR  Docket  Number  03-02518  was
considered:

    Exhibit A.  DD Form 149, dated 22 Jul 03, w/atchs.
    Exhibit B.  Applicant's Available Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 22 Dec 03.
    Exhibit D.  Letter, SAF/MRBR, dated 9 Jan 04.
    Exhibit E.  Letter, Applicant, dated 28 Jan 04 w/atchs.





                                   MICHAEL K. GALLOGLY
                                   Panel Chair


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