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AF | BCMR | CY2004 | BC-2003-03689
Original file (BC-2003-03689.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS


         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS



IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03689
            INDEX CODE:  107.00
            COUNSEL:  Mr. Warren Smith

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) Medal.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was wounded on 1 March 1945, when a bomb  exploded  in  his  unit’s
bomb storage area where he was  working  and  the  injuries  were  not
annotated in his medical records.

In support of his request, applicant submits a personal  statement,  a
list of witnesses, and a copy of his Honorable Discharge Certificate.

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 February 1943 to 30 September  1945.   He
served an overseas tour in the European Theatre from 8 April  1944  to
7 May 1945.  On 1 March 1945, he was injured when  a  five-pound  bomb
accidentally  discharged.   He  sustained  a  lacerated   left   upper
extremity, and a right shoulder fracture  compound.   His  decorations
include award of the European Africa  Middle  Eastern  Theater  Ribbon
with 2 Battle Stars, the Distinguished Unit Badge, and a Good  Conduct
Medal.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR  recommends  denial.   The   applicant’s   Certificate   of
Discharge clearly states  the  injuries  causing  his  disability  for
active duty was caused by an accident.  Therefore, he does not qualify
for the PH Medal.

The DPPPR evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states that  if  the  Board  obtained  pictures  of  the
explosion it would understand what he went through.   He  has  had  no
luck getting his records corrected.  His records  include  a  list  of
injuries.  His clothes were cut off after the explosion and were  full
of blood.

His complete submission is at 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.  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’s records show that he was injured when a bomb  accidentally
discharged.  We cannot recommend awarding the PH on this basis.  Award
of the PH 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-
03689 in Executive Session on 25 May 2004, under the provisions of AFI
36-2603:

                 Mr. Robert S. Boyd, Panel Chair
                 Mr. James E. Short, Member
                 Mr. Albert C. Ellett, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 31 October 03, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPPR, dated 27 Feb 04.
      Exhibit D. Letter, SAF/MRBR, dated 5 Mar 04.
      Exhibit E. Letter, Applicant, dated 25 Mar 04.







      ROBERT S. BOYD
      Panel Chair




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