RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02555
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her deceased spouse be awarded the Purple Heart Medal (PHM).

_________________________________________________________________

APPLICANT CONTENDS THAT:

Her deceased husband was wounded in action  on  23  March  1945.   She
believes the record will show her husband not receiving a PHM was  the
result of an oversight.

In support of her appeal, the applicant has  provided  copies  of  her
deceased husband’s  death  certificate,  a  Physical  Examination  for
Flying, a WD AGO Form 53-98, Military Record and Report of  Separation
Certificate of Service, his enlistment record, his honorable discharge
certificate, his Army Separation Qualification Record, his certificate
of Veterans Administration (VA)  eligibility,  a  flying  schedule,  a
Casualty Questionnaire, select declassified documents  describing  the
23 March 1945 mission, and an application for correction  of  military
record originally submitted to the Army.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s deceased husband served on active duty as  a  commissioned
officer from 23 March 1944 to 21 October 1945, including  an  overseas
tour in Europe from 23 September  1944  to  4 June  1945.   He  was  a
prisoner of war (POW) from 23 March 1945 to 29 May 1945.  The decedent
died on 2 June 1991.
_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommended denial.  DPPPR notes the  now  deceased  member
applied for award of the PHM in 1983.   He  was  informed  that  after
researching all records, nothing had been found that would indicate he
was awarded the PHM, and that he did not meet the criteria.  In  1992,
the decedents son applied to the Army for award  of  the  PHM  to  his
father.  There is no indication in the veteran’s records of the result
of the Army Board for Correction of Military Records.

The current applicant, deceased member’s spouse, was notified by DPPPR
on 15 October 2003 that her request could not be processed at the time
as no documentation was provided to show the veteran  was  wounded  or
injured as a  direct  result  of  enemy  actions,  and  there  was  no
indication he had received any medical treatment for a wound or injury
incurred on 23 March 1945.   She  did  not  respond  to  a  subsequent
request to withdraw her application.

The 19 September 1945 Report of Physical Examination  on  the  veteran
reflects an entry that shows the veteran suffered burns on  his  lower
left leg and left thigh  in  1928  -  prior  to  his  entry  into  the
military.   Therefore  the  scars  mentioned  in  subsequent  physical
examinations refer to the 1928 accident and not the contusion received
on 23 March 1945.  The VA  examined  the  veteran  shortly  after  his
discharge and on 20 October 1945 informed him his “alleged  disability
of Injury to Left Thigh was not shown on the last  examination.”   The
veteran did receive VA compensation however, for  contracting  malaria
during “war service.”  Although the Report of Separation  reflects  he
received a wound on 23  March  1945,  the  veteran,  not  his  medical
records, would have furnished  this  information.   Additionally,  his
entire medical record was available  at  the  time  of  his  first  VA
physical exam and the VA determined he had not incurred any  wound  or
injury during his war service.   DPPPR  is  not  able  to  verify  the
veteran was wounded or injured as a direct result of enemy  action  on
23 March 1945.  No new information or documentation has been  provided
since 1983, when the veteran was first told he was  not  eligible  for
award of the PHM.

DPPPR’s complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
16 January 2004 for review and comment within 30  days.   As  of  this
date, no response has been received by this office.

_________________________________________________________________

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 complete submission in judging the  merits  of  the  case;
however,  a  majority  of  the  Board  agrees  with  the  opinion  and
recommendation of the Air Force office of primary  responsibility  and
adopts their rationale as the basis for our conclusion that the former
member has not been the victim of an error or  injustice.   There  has
been no evidence presented to verify the injuries noted were  incurred
during the former member’s war service.  Therefore, in the absence  of
evidence to the contrary, the  majority  of  the  Board  can  find  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-
2003-02555 in Executive Session on 2 March 2004, under the  provisions
of AFI 36-2603:

      Mr. Roscoe Hinton, Jr., Panel Chair
      Ms. Martha Maust, Member
      Ms. Carolyn B. Willis, Member

By a majority vote, the Board recommended to deny the request.  Ms.
Carolyn B. Willis voted to correct the record and submits a minority
report.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 28 Jul 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 7 Jan 04.
    Exhibit D.  Letter, SAF/MRBR, dated 16 Jan 04.
    Exhibit E.  Minority Report, dated 4 Mar 04.




                                   ROSCOE HINTON, JR.
                                   Panel Chair

                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC




[pic]
Office Of The Assistant Secretary



BC-2003-02555




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

SUBJECT:  AFBCMR Application of APPLICANT regarding her deceased
spouse.

      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

                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC




[pic]
Office Of The Assistant Secretary




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

SUBJECT: APPLICANT, BC-2003-02555

      The majority of the Board recommends denial of the applicant’s
request that her deceased husband be awarded the Purple Heart Medal
(PHM) on the basis that insufficient documentary evidence has been
presented to substantiate that he was wounded in action on 23 March
1945.  The member requested the award of the Purple Heart Medal in
1983, his son resubmitted the request in 1992, and the decedent’s
spouse has again resubmitted the request.  I disagree with this Board’s
finding and finding’s of previous Boards.

      The evidence of record indicates that the deceased was a  POW  of
the German government from 23 March 1945 to 29 April 1945.  On his 22nd
mission, he as shot down over Vienna, Austria on 23 March 1945.  He was
captured and held prisoner by the Germans until liberated  by  American
forces on 29 April 1945.  There are no POW  medical  records  available
for  review.   “Physical  Examination  for  Flying”  documents  that  a
contusion on his left leg was  incurred  during  a  parachute  landing.
Immediately after  the  injury  he  was  admittedly  only  occasionally
symptomatic.  The issues associated with this case  are  also  somewhat
confused by a childhood injury in the same area

      In the absence of a reasonable basis to question the integrity of
this World War II veteran, I believe it would be an injustice  to  deny
his family the requested relief.

      In view of the above, I find that the applicant has satisfied the
burden to show there has been an error or injustice.  Therefore, based
on a totality of the evidence presented, I believe the interest of
justice can best be served by resolving this issue in the applicant’s
behalf.



                                        CAROLYN BEAN WILLIS
                                        Panel Member