RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2004-00894
                                       INDEX CODE:  107.00
      XXXXXXXXXXXXXXXXX                      COUNSEL: NONE

      XXXXXXXXXXX                            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Item number 30 on his WD AGO Form  53-98,  Military  Record  and  Report  of
Separation Certificate of Service, be corrected to show he  was  wounded  in
action, and that he be awarded the Purple Heart (PH) Medal.

_______________________________________________________________

APPLICANT CONTENDS THAT:

He was wounded in action on 30 March 1946 and spent one and  one-half  years
in the hospital.  He doesn’t understand why he didn’t receive the PH.

In  support  of  his  application,  the  applicant  provides  copies  of   a
Department of Veterans Administration (DVA)  reconsideration  decision;  his
Certificate of Service documentation, Proceedings  of  Army  Retiring  Board
for Officers, a letter from his state Senator with attachment, and a  letter
from the Army Review Board Agency.   The  applicant’s  complete  submission,
with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s military personnel records were destroyed in the  1973  fire
at  the  National  Personnel  Records  Center;  however,   the   applicant’s
available   military   medical   records,   provided   by   the    Veteran’s
Administration (VA), indicate the applicant served in the Army from 26  July
1943 to 4 October 1947.  After  attending  the  required  training,  he  was
assigned duties as a Bombardier and was appointed  a  flight  officer.   The
applicant served in the Pacific from 26 June 1945 to 3  May  1946.   The  VA
records indicate that on 30 March 1946, the applicant  sustained  a  gunshot
wound to the right leg and a piece of shrapnel was  imbedded  in  his  right
thumb.

The applicant was honorably discharged on  4  October  1947.   He  served  2
years and 16 days as a flight officer of which 10  months  and  8  days  was
foreign service.

In his most recent Department of  Veterans  Affairs  (DVA)  Rating  Decision
dated   23   December   2003,   the   applicant   was   granted   disability
compensation/pension based on a  combined  compensable  rating  of  30%  for
residuals of gunshot wound to the right tibia  with  fracture  and  retained
metallic foreign bodies at 30%;  traumatic  arthritis  of  the  right  knee,
status post total knee replacement  associated  with  residuals  of  gunshot
wound to right tibia with fracture and retained metallic foreign  bodies  at
30%; traumatic arthritis of the right ankle  associated  with  residuals  of
gunshot wound to right tibia with fracture  and  retained  metallic  foreign
bodies at 20%; scar, residuals of shell fragment wound  to  right  thumb  at
0%; and scars, mid thighs, donor sites at 0%.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR  recommends  denial.   DPPPR  states   the   applicant   provided
documentation proving he sustained wounds to his right leg and  right  thumb
after being ambushed by an unknown party twenty miles from Manila.   The  PH
is awarded  for  wounds  incurred  as  a  direct  result  of  enemy  action.
Supporting documentation states the applicant was  ambushed  by  an  unknown
party; therefore, they are unable to determine the applicant was,  in  fact,
wounded by the enemy.  The DPPPR evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded  to  the  applicant  on  25
June 2004, for review and comment within 30 days (Exhibit D).   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.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of injustice.  We are  persuaded  by  the  applicant’s  assertions
concerning his documented injury and the newspaper article he  has  provided
that it is possible he was indeed wounded by an enemy of the  United  States
while stationed in the Philippine Islands.  Accordingly, in  recognition  of
the applicant’s service to the nation, it is  our  opinion  that  any  doubt
should be resolved in the applicant’s favor.  Therefore,  we  recommend  the
records be corrected as indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that he was awarded the Purple  Heart  for
injuries he received in action against an enemy of the United States, on  30
March 1946, while stationed in the Philippine Islands.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 16 November 2004, under the provisions of AFI 36-2603:

      Ms. Marilyn M. Thomas, Vice Chair
      Ms. Kathleen F. Graham, Member
      Ms. Janet I. Hassan, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered in connection with AFBCMR Docket  Number
BC-2004-00894:

      Exhibit A.  DD Form 149, dated 19 Feb 04, w/ atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPPPR, dated 14 Jun 04.
      Exhibit D.  Letter, SAF/MRBR, dated 25 Jun 04.




                                                   MARILYN M. THOMAS
                                                   Vice Chair

AFBCMR BC-2004-00894




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:

            The pertinent military records of the Department of the Air
Force relating to
XXXXXXXXXXXXXXXXXXXXXX, be corrected to show that he was awarded the Purple
Heart Medal for injuries he received in action against an enemy of the
United States, on 30 March 1946, while stationed in the Philippine Islands.






  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency