RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                 DOCKET NUMBER:  BC-2003-03898
                                        INDEX CODE:  107.00
      XXXXXXXXXXXXXXX             COUNSEL: TX Veterans Commission

      XXXXXXXXXXXX                      HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) Medal.
_______________________________________________________________

APPLICANT CONTENDS THAT:

He was wounded by shrapnel during a Japanese  bombing  of  Segi  Point,  New
Georgia, Solomons Islands in 1943.  Since his unit was in combat,  his  unit
did not award him the PH at the time he was wounded.

In support of his application, the  applicant  provides  copies  of  medical
documentation that indicates he had shrapnel removed during a 1981  surgery.
  The applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was appointed a first  lieutenant,  Army  Reserve,  on  1 June
1938.  He was voluntarily ordered to extended active duty on 14  April  1941
and continued to serve in  the  Dental  Corps.   The  applicant  accepted  a
regular commission with the Army on  5  July  1946.   On  26  May  1949,  he
transferred to  the  Air  Force  in  the  temporary  grade  of  Major.   The
applicant continued to serve as  a  dental  officer  and  was  progressively
promoted to the permanent grade of  colonel  (0-6)  effective  20  September
1967.

A PEB evaluation, dated 23 August 1967, indicates the  applicant  was  found
unfit because of physical disability which was incurred  while  entitled  to
receive basic pay, the disability was  permanent  and  compensable  at  30%.
The applicant concurred with the PEB  findings  and  recommendations  on  30
August 1967; however, requested retention in a  limited  assignment  status.
The applicant’s request was approved on 8 September 1967.

On 16 August 1968, the applicant  requested  he  be  authorized  the  Purple
Heart Medal claiming he was entitled to  wear  the  award  because  of  neck
injuries sustained when he jumped into a foxhole during an air  raid  attack
at Segi Point, New Georgia, Solomon Island in early  1943  or  1944.   On  6
September 1968, the Air Force Military Personnel Center  responded  that  he
was ineligible for the award of the Purple Heart Medal because his  injuries
were directly due to action on his part and only indirectly  due  to  action
by an armed enemy.

PEB findings, dated 19 September 1969, indicates  the  applicant  was  found
unfit because of permanent physical disability incurred  while  entitled  to
receive basic pay and as a direct result of armed conflict or caused  by  an
instrumentality of war and incurred in line of duty during a period of  war.
  The  PEB  recommended  the  applicant  be  permanently  retired   with   a
compensable rating of 50%.  On 25 September 1969,  the  applicant  concurred
with the PEB’s findings and recommendation and waived his right to a  formal
hearing.  On 29 September 1969, the Secretary of the Air Force approved  the
recommendation of the Physical Review Council and directed the applicant  be
retired effective 15 October 1969.

The applicant was released from active duty on 14 October 1969  and  retired
effective 15 October 1969 with an  honorable  characterization  of  service.
He served 28 years, 6 months, and 1 day on active duty.

On 12 January 1998, the applicant again requested the award  of  the  Purple
Heart Medal for injuries he received in Segi  Point,  New  Georgia,  Solomon
Islands.  On 24 July 1998, the Purple Heart Review Board  responded  to  the
applicant that they disapproved his  request  for  the  Purple  Heart  Medal
based on the lack of evidence that the injuries he received  were  a  direct
result of enemy action.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial.  It is DPPPR’s opinion that the applicant  has
not  provided  the  necessary  evidence  to  substantiate  his   claim   for
eligibility for the Purple Heart Medal.  DPPPR states there is no  entry  of
injury found in his military medical records and Item 30 of  his  Report  of
Separation,  Wounds  Received  in  Action,  reflects  “None.”   His  service
medical records were provided and  all  documentation  shows  the  applicant
dove into a foxhole and his alleged injury was not a direct result of  enemy
action.  It is DPPPR’s opinion that the  documentation  in  the  applicant’s
medical records verifies the applicant is not  eligible  for  award  of  the
Purple Heart Medal.  The AFPC/DPPPR evaluation is at Exhibit C.

In an additional DPPPR advisory, dated  22  June  2004,  DPPPR  indicates  a
member must provide documentation to support he/she was wounded as a  direct
result of enemy  action  and  the  injury  received,  or  required,  medical
treatment  by  medical  personnel.   DPPPR  states  the  applicant  has  not
provided any new or additional information required  to  meet  the  criteria
for the award of the Purple Heart Medal.  It is  DPPPR’s  opinion  that  the
applicant’s request be disapproved.  The additional  DPPPR  advisory  is  at
Exhibit F.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A counselor for a state Veterans  Commission  responded  in  behalf  of  the
applicant that the law clearly establishes that it is not  the  intent  that
such a strict interpretation be taken of the  requirement  for  a  wound  or
injury to be caused by  direct  result  of  hostile  action  that  it  would
preclude the award being made to deserving personnel.  The counselor  claims
that new material evidence  was  provided  in  support  of  the  applicant’s
request indicating that shrapnel was  removed  from  his  shoulder.   It  is
requested that any benefit of the  doubt  how  the  applicant  received  the
shrapnel would be  resolved  in  the  applicant’s  favor.   The  applicant’s
rebuttal, with attachments, is at Exhibit E.

A copy  of  the  additional  Air  Force  evaluation  was  forwarded  to  the
applicant on 23 June 2004 for review and response within  14  days.   As  of
this date, this office has received no response.

_________________________________________________________________

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  available
records, the majority of the Board found no evidence that the individual  is
eligible  for  the  award  of  the  Purple  Heart  Medal.   The  applicant’s
contentions are duly noted; however, the majority of the Board  believes  he
did not provide sufficient documentary evidence to  substantiate  his  claim
that he was wounded in action as a direct result of enemy  action,  or  that
he was recommended for, or awarded, the Purple Heart  Medal.   According  to
the evidence presented, the applicant received  medical  treatment  in  1943
for injuries he sustained when he jumped into a foxhole during an  air  raid
attack at Segi Point, New Georgia, Solomon Island.  In the  opinion  of  the
majority of the Board, there is  no  indication  in  his  records  that  his
injuries met the criteria for award  of  the  Purple  Heart.   The  personal
sacrifice the applicant endured for his country is noted  and  the  majority
of the Board’s recommendation  to  deny  the  requested  relief  in  no  way
diminishes the high regard they have  for  his  service.   Nevertheless,  in
view of the above, the majority of the Board finds  no  basis  to  favorably
consider this application.

_________________________________________________________________

RECOMMENDATION OF THE BOARD:

A majority of the Board finds insufficient evidence of  error  or  injustice
and recommends the application be denied.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 15 September 2004, under the provisions of AFI 36-2603:

            Mr. Laurence M. Groner, Panel Chair
            Ms. Jean A. Reynolds, Member
            Ms. Carolyn B. Willis, Member


By a majority vote, the Board recommended denial of  the  application.   Ms.
Willis voted to correct the record as requested but did not wish  to  submit
a minority report.  The following documentary  evidence  for  AFBCMR  Docket
Number BC-2003-03898 was considered:

      Exhibit A.  DD Form 149, dated 14 Nov 03, with attachments.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPPPR, dated 21 Jan 04.
      Exhibit D.  Letter, SAF/MRBR, dated 30 Jan 04.
      Exhibit E.  Applicant’s Rebuttal, dated 26 May 04, w/atchs.
      Exhibit F.  Letter, AFPC/DPPPR, dated 22 Jun 04.
      Exhibit G.  Letter, AFBCMR, dated 23 Jun 04.
      Exhibit H.  Applicant’s Rebuttal, dated 2 Jul 04, w/atchs.



                                  LAURENCE M. GRONER
                                                   Panel Chair


AFBCMR BC-2003-03898


MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
                                        FOR CORRECTION OF MILITARY
RECORDS (AFBCMR)

SUBJECT:  AFBCMR Application of XXXXXXXXXXXXXXXXXXXX

      I have carefully reviewed the evidence of record and the
recommendation of the Board members.  A majority found that the applicant
had not provided sufficient evidence of error or injustice and
recommended the case be denied.  I concur with that finding and their
conclusion that relief is not warranted.  Accordingly, I accept their
recommendation that the application be denied.

      Please advise the applicant accordingly.



                                                       JOE G. LINEBERGER
                                                       Director
                                                       Air Force Review
                 Boards Agency