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AF | BCMR | CY2004 | BC-2003-02859
Original file (BC-2003-02859.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02859

            COUNSEL:  NONE

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His record be corrected to reflect the award of the Purple Heart (PH).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was injured during an air raid  on  Munda,  Solomon  Islands  by  a
Japanese bomber.  He was  treated  for  facial  injuries  in  a  field
hospital located on Munda, Solomon Islands.

In support of his request  applicant  submits  a  personal  statement,
copies of a request pertaining to military records, report of physical
examination  prior  to   discharge,   and   an   honorable   discharge
certificate.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s military personnel records were destroyed by fire in 1973.
 The available records reflect that the  applicant  entered  the  U.S.
Army Air Corps on 14 October 1942 and  served  until      20  December
1945.

On 29 December 2003, the Recognition Programs Branch, HQ  AFPC/DPPPRA,
requested the applicant to provide additional information relative  to
his alleged injury.  No response was received.

There is no entry of injury found in his military records and Item  34
on his Report  of  Separation,  Wounds  Received  in  Action  reflects
“None.”  Without the detailed account of the  circumstances  regarding
his injury, medical documentation to  prove  his  injury  required  or
received treatment, and  any  eyewitness  statements  proving  injury,
DPPPR unable to verify the applicant’s eligibility for  the  award  of
the Purple Heart.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR reviewed the applicant’s request  and  recommended  denial.
To  be  awarded  the  Purple  Heart  (PH),  a  member   must   provide
documentation to support that wounds were a  direct  result  of  enemy
action and that the wounds required or received medical  treatment  by
medical  personnel.   There  is  no  documentation  in  his   military
personnel record to indicate that his wounds were as a  direct  result
of enemy action.

AFPC/DPPPR complete evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  19
March 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 that would indicate he  should  be
awarded the Purple Heart.  We took notice of the applicant's  complete
submission in judging the merits of the case;  however,  evidence  has
not been presented which would lead us to believe  that  his  injuries
were incurred as a direct result of enemy fire.  Therefore,  we  agree
with the opinion and recommendation of the Air Force office of primary
responsibility  and  adopt  their  rationale  as  the  basis  for  our
conclusion that the applicant has not been the victim of an  error  or
injustice.  In the absence of evidence to the  contrary,  we  find  no
compelling basis to recommend  granting  the  relief  sought  in  this
application.

4.  The applicant's case is adequately documented and it has not  been
shown  that  a  personal  appearance  with  or  without  counsel  will
materially add to our understanding of the issue involved.  Therefore,
the request for a hearing 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 Docket  Number  BC-2003-
02859 in Executive Session on 3 June 2004, under the provisions of AFI
36-2603:

                  Mr. Gregory H. Petkoff, Panel Chair
                  Ms. Renee M. Collier, member
                  Ms. Martha A. Maust, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 1 Sept 03, w/atchs.
   Exhibit B.  Applicant's VA Records.
   Exhibit C.  Letter, HQ AFPC/DPPPR, dated 16 Mar 04.
   Exhibit D.  Letter, SAF/MRBR, dated 19 Mar 04.





                                   GREGORY H. PETKOFF

                                   Panel Chair


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