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AF | BCMR | CY2004 | BC-2003-02849
Original file (BC-2003-02849.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02849
            INDEX CODE:  107.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) Medal.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was awarded a 100% disability rating by the Department of  Veterans
Affairs for  injuries  incurred  when  an  aircraft  exploded  in  his
vicinity at Rattleden Airfield, England, on 21 April 1944.

In support of his request, applicant submits two  copies  of  his  DVA
rating decision letter.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s military personnel  records  reflect  that  the  applicant
served on active duty from 2 April  1942  to  5  September  1945.   He
served an overseas tour in Normandy, Northern France,  and  Rhineland,
Central Europe.  His decorations include  award  of  the  Bronze  Star
Medal, the European-African-Middle Eastern  Theater  Ribbon  with  one
Silver and one Bronze Battle Star, three Overseas  Service  Bars,  one
Service Stripe, and a Good Conduct Medal.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial.  The  applicant  has  not  provided  any
documentation to show he was injured  as  a  direct  result  of  enemy
action.  Therefore, he is not eligible for award of the  Purple  Heart
Medal.

The DPPPR evaluation, with attachments, is attached at Exhibit C.

_________________________________________________________________


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
16 Jan 03 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.  After a thorough review  of  the
applicant’s submission and the available evidence of  record,  we  are
not persuaded that he should be awarded the Purple Heart  Medal.   The
applicant requests award of the  PH  as  the  result  of  injuries  he
received in an aircraft mishap.  We cannot recommend awarding  the  PH
on this basis.  Award of the PH  to  personnel  involved  in  aircraft
mishaps still requires the wounds/injuries to  have  been  the  direct
result of  enemy  action  and  necessitated  medical  treatment.   The
available documentation does not confirm the applicant was wounded and
received medical treatment for injuries sustained as a  direct  result
of enemy action.  While we are not unmindful or unappreciative of  the
applicant’s service to the nation,  in  the  absence  of  evidence  to
support that he was wounded as a result of enemy action, we agree with
the opinion of the Air Force and find no compelling basis  to  warrant
favorable consideration of this application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be  notified  that  the  evidence  presented  did  not
demonstrate the existence of an 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  no   considered   with   this
application.

_________________________________________________________________

The following members of the Board considered Docket  Number  BC-2003-
02849 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

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 5 Apr 03, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPPR, dated 14 Jan 04, w/atchs.
      Exhibit D. Letter, SAF/MRBR, dated 26 Sep 03.




      ROSCOE HINTON, JR.
      Panel Chair

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