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AF | BCMR | CY2004 | BC-2003-03193
Original file (BC-2003-03193.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: 03-03193
            INDEX CODE:  107.00
            COUNSEL:  NO
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) Medal.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He should have been awarded the PH for a wound he received  to  his  right
third finger.

In support of his appeal, the applicant provides a copy of his 13 November
1944 physical examination for flying, and a transmittal  letter  from  the
Disabled American Veterans Office.  The applicant’s  complete  submission,
with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was inducted into the Army of the United States on 6 March 1942.
 He was  subsequently  appointed  an  aviation  cadet  and  following  his
successful  completion  of  pilot  training  school,  he   was   honorably
discharged from enlisted status, his appointment as an aviation cadet  was
terminated and, on 7 January 1944, he was  appointed  a  temporary  second
lieutenant, Army of the United States.   The  applicant  departed  to  the
European Theater of Operations as a B-17 Pilot, from 7 May 1944 through 28
September 1944, when he returned to the Continental United States.

On 8 January 1947, the applicant was released from  active  duty  for  the
Convenience of the Government (Demobilization).  He was  credited  with  2
years, 7 months and 11 days of continental service  and  4 months  and  22
days of foreign service.  His discharge document shows he participated  in
the  Air  Offensive  Over  Europe;  and  the  Normandy  and  Foggia-Naples
campaigns.  He was awarded  the  European-African-Middle  Eastern  Service
Theater Campaign Ribbon, the Air Medal with 2 oak leaf  clusters  and  the
Distinguished Unit Badge.

Applicant continued to serve in the Air Force and Air Force Reserve  until
his retirement.  He was retired in the grade of major effective 1 November
1968.  He was credited with 20 years, 4 months and 1 day of active service
for retirement.

Based on the medical records provided by the  Veterans  Administration,  a
Physical Examination for Flying, dated 13 November 1944, was completed  on
the applicant citing a “wound, right 3rd  finger,  flak  minor,  July  44,
first aid APO 520, recovered.  Denies all else in military service.”

By letter, dated 10 November 2003, the  Awards  and  Decorations  Section,
advised the applicant that the 13 November 1944 Physical  Examination  for
Flying is the only mention of his being  wounded;  however,  there  is  no
record in his military medical records that he  was  ever  treated  for  a
wound  caused  by  the  enemy.   Therefore,  a  detailed  account  of  the
circumstances regarding his injury or a copy of an official  documentation
showing he received medical treatment for the wound  would  be  needed  to
substantiate his claim.  The applicant did not respond.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends the application be denied.  DPPPR states that  there
is no evidence in the applicant’s  military  personnel  records  that  his
wound required medical treatment.  On 10 November  2003,  DPPPR  requested
the applicant provide additional information that would  substantiate  his
request.  Applicant did not respond.  DPPPR is of the opinion that  he  is
not  entitled  to  the  requested  Purple  Heart  Medal.   The  AFPC/DPPPR
evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 5 March 2004, a copy of the  Air  Force  evaluation  was  sent  to  the
applicant for review and comment.  As of this date, this  office  has  not
received a response.

On 27 April 2004, a letter  was  forwarded  to  applicant  requesting  the
applicant  provide  a  detailed  personal  account  of  the  circumstances
surrounding his injury.  The applicant did not respond (see 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.   We  took  notice  of  the  applicant’s
contention that he should be awarded the  Purple  Heart  for  an  injury  he
sustained to his right  third  finger.   After  a  thorough  review  of  his
submission to include his physical examination for flying which indicates  a
wound to his right third finger, this statement alone does not  persuade  us
that he should be awarded the Purple Heart Medal.   On  27 April  2004,  the
applicant  was  asked  to  provide  a  detailed  personal  account  of   the
circumstances surrounding his injury or  if  possible,  provide  testimonies
from other members who could account for his injury.  He  did  not  respond.
Therefore, in the absence of such evidence, 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
provided  medical  documentation  substantiating  his   claim.    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 22 April 2004 and 1 June 2004, under the provisions  of  AFI  36-
2603:

                 Mr. Robert S. Boyd, Panel Chair
                 Ms. Jay H. Jordan, Member
                 Mr. John B. Hennessey, Member

The following documentary evidence for AFBCMR  Docket  Number  03-03193  was
considered:

    Exhibit A.  DD Form 149, undated, w/atchs.
    Exhibit B.  Applicant's Available Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 1 Mar 04.
    Exhibit D.  Letter, SAF/MRBR, dated 5 Mar 04.
    Exhibit E.  Letter, AFBCMR, dated 27 Apr 04.



                                   ROBERT S. BOYD
                                   Panel Chair

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