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AF | BCMR | CY2004 | BC-2003-03635
Original file (BC-2003-03635.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03635
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect he was awarded  the  Purple  Heart
(PH) for injuries he sustained in World War II (WWII).

_________________________________________________________________

APPLICANT CONTENDS THAT:

The aircraft he was in was hit by anti-aircraft fire.   The  crew  was
forced to evacuate the plane by parachute.  He landed  into  a  forest
with thick and high-limbed trees.  His left knee was injured  when  it
struck a tree limb.  He was  captured  by  the  Germans  and  was  not
provided any medical care.

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

_________________________________________________________________

STATEMENT OF FACTS:

The statement of service in the applicant’s records  reflects  he  was
inducted in the Army of the United States (AUS)  on  5 September  1942
and was discharged on 16 November 1945 due to demobilization.  He  was
a Prisoner of War (POW) from 22 March 1944 through 26 April 1945.  The
applicant enlisted in the Regular Army  on  17 October  1946  and  was
discharged on 22 August 1949.  On 14 September 1955,  he  enlisted  in
the Reserve of the Air Force and was called to active duty  (AD)  from
16-30 June 1956.  He was again called to AD from 10 December 1956  and
was discharged on 24 September 1959.  The applicant  enlisted  in  the
Regular Air Force (RegAF) on 25 September 1959 and served on AD  until
he retired on 1 August 1972.  He served 21 years, 8 months and 24 days
of active service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR states the PH is awarded for injuries or wounds incurred as
a direct result of enemy action; specific details must be provided, as
well as documentation showing the wound  or  injury  received  medical
treatment.  The  applicant  has  not  provided  any  documentation  to
support his request for the PH.  He has not provided  any  information
of a specific wound or injury,  the  date  the  injury  or  wound  was
incurred, or how the injury or wound was incurred as a result of enemy
action.  The eyewitness  statements  the  applicant  provided  do  not
provide adequate corroboration  of  the  details  of  the  applicant’s
injury or the location  of  the  injury.   Therefore,  they  recommend
denial of applicant’s request.

A complete copy of the evaluation, with attachments,  is  attached  at
Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 27 February 2004, a copy of the Air Force evaluation was  forwarded
to the applicant for review and response 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   note   of   the
documentation the  applicant  provided  in  support  of  his  request.
However, this information does not substantiate the applicant  had  an
injury that met the criteria for award of the PH.  While  we  are  not
unmindful or unappreciative of the applicant’s service to his  Nation,
in the absence  of  the  evidence  substantiating  the  applicant  was
injured as a direct result of enemy  action,  we  find  no  compelling
basis to recommend granting the relief sought in this application.

_________________________________________________________________

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 AFBCMR Docket Number BC-
2003-03635 in Executive Session on 7 April 2004, under the  provisions
of AFI 36-2603:

                       Mr. Joseph A. Roj, Panel Chair
                       Ms. Rita J. Maldonado, Member
                       Ms. Leslie E. Abbott, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, undated, w/atchs.
      Exhibit B. Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPPR dated 18 Feb 04.
      Exhibit D. Letter, SAF/MRBR, dated 27 Feb 04.





                 JOSEPH A. ROJ
                 Panel Chair

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