RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2003-03304
            INDEX NUMBER: 107.00

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED:  NO


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APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH).

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THE APPLICANT CONTENDS THAT:

He should receive the PH for wounds he received during World  War  II  while
interned as a Prisoner-of-War (POW) of the German Army.

During a 9 March 1998 medical examination  at  the  Veterans  Administration
Medical Center in Shreveport, LA, the applicant indicated that when  he  was
taken as a POW in Europe in 1944, his parachute collapsed and  he  fell  for
the last 50 to 60 feet, injuring the whole right side of his  body  and  his
left wrist.

In support of the appeal, applicant submits extracts from his  military  and
Department of Veteran Affairs (DVA) records.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is a former Army Air Corps member who served  on  active  duty
from 2 November 1942 to 22 October 1945.   From  12 April  1944  to  2  June
1945, he was assigned to the 721st Bombardment Squadron,  450th  Bombardment
Group, 15th Air Force, as a B-24 flight mechanic and  gunner.   During  this
period, he participated in the Rome-Arno, Northern  Appennines,  Po  Valley,
Southern France, and Air Combat Balkans battles and campaigns.  While  on  a
bombing mission over Munich, Germany, on 13  June  1944,  his  aircraft  was
shot down and he was forced to bail out.  He  was  captured  by  the  German
army and interned as a POW until his repatriation  on  29  April  1945.   On
4 October 1945, a ganglion cyst  was  excised  from  his  left  wrist.   The
ganglion cyst was determined to have been incurred  in  the  line  of  duty.
During his discharge physical on 21  October  1945,  he  indicated  that  he
bailed out over Germany in 1944 and injured his left wrist and left knee.

The PH is awarded for wounds received as a direct result  of  enemy  actions
(i.e., gunshot  or  shrapnel  wounds,  hand-to-hand  combat  wounds,  forced
aircraft bail  out  injuries,  etc.).   A  recent  change  now  extends  the
eligibility for award of the PH to former prisoners of war (POW)  that  were
held prior to 25 April 1962 and suffered wounds or injuries at the hands  of
their captors.  In addition, it is necessary that the  wound  have  required
or received treatment by medical personnel.  Indirect injuries do  not  meet
the criteria for award of the PH.

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends the application be denied and states,  in  part,  that
applicant has provided no medical  evidence  showing  that  he  was  injured
while a POW, and there is no evidence in his  military  medical  records  to
indicate he was injured while a POW.

The AFPC/DPPPR evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to  the  applicant
on 26 March 2004 for review and response within 30  days.   However,  as  of
this date, this office has received no response.

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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 thoroughly  reviewing  the  evidence
of record and noting the applicant’s contentions, we are not persuaded  that
he has been the victim of an error or injustice.  In this respect,  we  note
that the Purple Heart (PH) is  awarded  for  wounds  received  as  a  direct
result of enemy actions (i.e.,  gunshot  or  shrapnel  wounds,  hand-to-hand
combat wounds, forced aircraft bail out injuries, etc.).   In  addition,  it
is necessary that the wound have required or received treatment  by  medical
personnel.  Although applicant contends he sustained injuries  while  a  POW
of the German army, we  find  insufficient  evidence  to  substantiate  this
contention.  Based on the evidence of record, it appears that prior  to  his
capture by the German army, he was injured during his forced  bailout  as  a
result of his aircraft being shot down.  However, we are not persuaded  that
the injury required or received treatment by medical personnel.   While  his
records indicate that in 1945 he had a ganglion cyst excised from  his  left
wrist, the cause was undetermined.   Additionally,  in  1988,  the  Veterans
Administration determined the evidence of record did not  show  right  ankle
or right knee injuries.  The personal sacrifice applicant  endured  for  his
country is noted and our decision in no way diminishes the  high  regard  we
have for his service; however, insufficient documentary  evidence  has  been
presented to substantiate that he has a qualifying injury that  required  or
received treatment by medical personnel, to warrant  awarding  him  the  PH.
Therefore,  in  the  absence  of  evidence  to  the  contrary,  we  find  no
compelling  basis  to  recommend  granting  the  relief   sought   in   this
application.  However, should  the  applicant  provide  such  evidence,  the
Board would be willing to reconsider his request for the PH.

_________________________________________________________________

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-2003-03304
in Executive Session on 3 August 2004, under the provisions of AFI 36-2603:

                       Ms. Olga M. Crerar, Panel Chair
                       Mr. John B. Hennessey, Member
                       Mr. James W. Russell, III, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 7 Aug 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 12 Mar 04.
    Exhibit D.  Letter, SAF/MRBR, dated 19 Mar 04.




                                   OLGA M. CRERAR
                                   Panel Chair