RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00040
            INDEX CODE:  107.00

            COUNSEL: MN VETERAN SERVICES

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart Medal.

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APPLICANT CONTENDS THAT:

He was never awarded the Purple Heart after his B-17 aircraft was shot  down
by enemy fire and he received  a  shrapnel  wound  to  his  right  knee  and
injured his back.

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

_________________________________________________________________

STATEMENT OF FACTS:

Portions of the applicant's military personnel  records  were  destroyed  by
fire in 1973 at the National Personnel Record Center (NPRC)  in  St.  Louis,
Missouri.  The available records indicate the following:

The applicant enlisted in the Army Air Corps on  29  January  1943  and  was
honorably discharged as an aviation cadet on 24 September 1943.

On 25 September 1943 he entered active duty in  the  Army  Air  Corps  as  a
First Lieutenant.

On 7 February 1945, the applicant was reported as Missing  in  Action  (MIA)
over Austria.  The applicant was returned to duty on 24 February 1945.

On 6 January 1946, the applicant was honorably discharged in  the  grade  of
First Lieutenant, under the provisions of WD FR 1-5, Letter, HQ AAF  Subject
AAF Separation, dated 6 September 1945.  He served 2 years,  2  months,  and
13 days of total active duty.

The Report of Separation (WD AGO Form 53-98) reflects  “None”  in  item  30,
Wounds received in action.

According to the applicant’s WD AGO Form 53-98  he  received  the  following
decorations and  citations:   Air  Medal  with  one  Oak  Leaf  Cluster  (AM
w/1OLC), American Theater Ribbon, Victory Medal, and  the  European-African-
Middle Eastern Theater Ribbon with four Bronze stars (EAME w/4BS).

A Department of Veterans Affairs (DVA)  rating  decision,  dated  22 January
2003, indicates  the  applicant  is  currently  receiving  service-connected
disability for the following:

          Traumatic  injury  lumbosacral  spine  with  chronic  strain   and
degenerative disc disease - 40%

      Fragment wound scar, right knee - 10%

      Bilateral hearing loss - 20%

         Tinnitus - 10%

The DVA determined the traumatic injury to  the  right  knee  with  internal
derangement,  degenerative  joint  disease,  and  chondrocalcniosis   recent
arthroscopy had worsened and the applicant was granted an  increase  in  his
assigned percentage from 10% to  20%,  effective  30  September  2002.   His
overall combined compensable rating was 70%.

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AIR FORCE EVALUATION:

AFPC/DPPPR recommended denial.  They indicated the applicant states  the  VA
rating for service-connected disability for his back and  right  knee  prove
he was injured during WWII.  However, the records show he was shot down  and
missing over Austria on 7 February 1945, was physically active in  Budapest,
Hungary, on or about 14 February 1945, and returned to duty on  24  February
1945.  There is no indication of the date he returned to  military  control.
He stated he was hospitalized for at least three weeks after his  return  to
military control.  His records do not substantiate his  claim.   VA  doctors
state that his knee injury/scar and back problems are as likely as  not  due
to shrapnel wounds  and  parachute  jump/landing.   The  applicant  has  not
provided sufficient information or documentation to substantiate  his  claim
that he was wounded or injured as a result of enemy  action  on  7  February
1945.  Therefore, they are unable to verify his  eligibility  for  award  of
the Purple Heart Medal.

The evaluation, with attachments, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 5 March 2004, a copy of the Air Force evaluation  was  forwarded  to  the
applicant and counsel 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 an error or an injustice warranting award of the  Purple  Heart
Medal.  We took notice of the applicant's  complete  submission  in  judging
the  merits  of  the  case;  however,  we  agree  with   the   opinion   and
recommendation of the Air Force and adopt their rationale as the  basis  for
our conclusion that the applicant has not been the victim  of  an  error  or
injustice.  We  note  portions  of  the  applicant’s  service  records  were
destroyed by fire in 1973 at the NPRC.  As a result, there is no  indication
in the available records to substantiate he had been  injured  as  a  direct
result of enemy action.  The applicant’s Report of Separation (WD  AGO  Form
53-98) reflects “None” in Item  30,  Wounds  Received  in  Action.   His  15
November 1945 and 8 April 1946, physical examinations indicate  no  scar  on
his right knee and no problems with his back.   We  note  the  applicant  is
currently receiving 70% disability compensation from the  DVA  for  service-
connected disability.  While  DVA  doctors  indicate  the  applicant’s  knee
injury/scar and back problems are as likely as not due  to  shrapnel  wounds
and parachute jump/landing, the Board is of the opinion  the  applicant  has
not  provided  sufficient   documentation   to   substantiate   his   claim.
Therefore,  in  the  absence  of  evidence  to  the  contrary,  we  find  no
compelling basis to recommend granting the relief sought.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of an error or an 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-2004-
00040 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, dated 6 June 2003, w/atchs.
   Exhibit B.  Available Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPR, dated 2 March 2004, w/atchs.
   Exhibit D.  Letters, SAF/MRBR, dated 5 March 2004.




                                JOSEPH A. ROJ
                                Panel Chair