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AF | BCMR | CY2004 | BC-2004-01120
Original file (BC-2004-01120.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01120
            INDEX CODE:  107.00
                 COUNSEL:  NONE

                 HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) Medal.

_________________________________________________________________

APPLICANT CONTENDS THAT:

After being captured by  the  Japanese  during  WWII  and  held  as  a
prisoner of war (POW), he was beaten by the  guards  and  was  injured
from those beatings.

In  support  of  his  request,  the   applicant   submits   background
documentation on the  Purple  Heart  submitted  through  Congressional
channels and a  copy  of  a  Department  of  Veterans  Affairs  Rating
Decision.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s records reflect he enlisted in the Army Air  Corps  on
16 October 1940, and was released from active duty on  6  April  1946.
He was a POW from 7 May 1942 until 8  October  1945.   His  report  of
separation reflects award of the American Defense Service Ribbon  with
1/BS, the American  Theater  of  Operations  Service  Ribbon,  Asiatic
Pacific Theater Service  Ribbon,  the  Philippine  Liberation  Service
Ribbon,  the  Philippine  Defense  Service  Ribbon,   the   Philippine
Liberation Service Ribbon, the Philippine Defense  Lapel  Button,  the
Good Conduct Medal, the Distinguished Unit Badge with 2/OLC,  and  the
WWI Victory Medal.

He enlisted in the  Air  Force  Reserves  on  7  April  1946  and  was
honorably discharged on 6 April 1949.  He enlisted in  the  Air  Force
Reserves on 24 September 1956, was progressively promoted to the grade
of master sergeant and was honorably discharged on 9 May 1966.  On  12
July 2004, his request for the PH was disapproved by the Purple  Heart
Review Board (PHRB), who determined that his request did not meet  the
basic criteria  of  the  award.   On  29  July  2004,  his  report  of
separation was corrected to reflect the POW Medal.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial of the applicant’s request for  award  of
the PH medal.  There is no evidence in the applicant’s records that he
sustained injuries or beatings.  Applicant only provided his  personal
account, while a POW.   Therefore,  they  are  unable  to  verify  his
entitlement to the PH.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 6
Aug 04 for review and comment 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.  After a thorough review  of  the
applicant’s submission and the available evidence of record, the board
was not persuaded that he should be awarded the  Purple  Heart  Medal.
There was no evidence presented, other than his own assertions,  which
would lead the Board to believe that he was medically treated for  any
wounds incurred as  a  direct  result  of  enemy  fire.   We  are  not
unmindful or unappreciative of his service to his Nation.   Should  he
secure  supporting  documentation  or  a  notarized  account  from  an
individual who eye witnessed his injuries,  we  would  be  willing  to
reconsider his application.  Otherwise, without evidence that  he  was
wounded as a direct  result  of  enemy  action,  the  Board  finds  no
compelling  basis  to   warrant   favorable   consideration   of   his
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-2004-
01120 in Executive Session on 14 September 2004, under the  provisions
of AFI 36-2603:

                 Ms. Olga M. Crerar, Panel Chair
                 Mr. James W. Russell III, Member
                 Mr. John B. Hennessey, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 2 Apr 04, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPPR, dated 23 Jul 04.
      Exhibit D. Letter, SAF/MRBR, dated 6 Aug 04.






      OLGA M. CRERAR
      Panel Chair


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