RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01473
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) Medal.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He injured his neck on 3 July 1944 while in London, England, as a result  of
a bombing by a German V2 flying bomb.  He also claims  that  on  a  separate
occasion, he injured his right knee after defusing a  bomb  on  an  aircraft
that had returned from a mission in Germany.

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

_________________________________________________________________

STATEMENT OF FACTS:

The available records indicate the applicant enlisted in the Army Air  Corps
on 24 June 1949.

On 29 October 1945, the applicant was honorably discharged in the  grade  of
staff sergeant under the provisions  of  AFM  39-10  -  Convenience  of  the
Government.  He served three years and seven months total active service.

The applicant’s WD AGO 53-55 - Enlisted Record  and  Report  of  Separation,
indicates he received the following  decorations  and  awards:   One  Silver
Campaign Star, One Bronze  Campaign  Star,  American  Defense  Ribbon,  Good
Conduct Ribbon, and the European African Middle Eastern Theatre Ribbon.

_________________________________________________________________



AIR FORCE EVALUATION:

AFPC/DPPPR recommended denial.  They indicated to award  the  PH,  a  member
must provide documentation to  support  the  wound  received  was  a  direct
result of enemy action and must have received medical treatment  by  medical
personnel.  The applicant did not provide  sufficient  evidence  to  support
his claim for award of the PH.  The incident  pertaining  to  an  injury  he
incurred to his right  knee  while  defusing  a  bomb,  does  not  meet  the
criteria for award of the PH.  The applicant’s medical documentation  states
the applicant was treated for a sore neck, but there is no evidence  in  the
applicant’s medical record that states this injury was a  direct  result  of
enemy action.  The applicant also believes he should receive  award  of  the
PH for an injury received to his right knee on  a  separate  occasion  after
defusing a bomb.  This incident also does not meet the  criteria  for  award
of the PH; therefore, he is ineligible for award of the PH.

The evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the evaluation and indicates World  War  II  veterans
may have won the battle of Europe and the Pacific, but are  fight  a  losing
battle in the United States of America.   He  states  it  is  a  crime  that
medical records during WWII were not  reported  properly  or  were  far  too
brief.  Time was of the essence during WWII and  reports  were  short.   The
only proof is his medical records.

Applicant’s response, with attachments, 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 an error or an injustice warranting award of the  Purple  Heart
Medal.  The applicant claims he injured his neck on 3  July  1944  while  in
London, England, as a result of a bombing by a German V2  flying  bomb.   He
also claims on a separate occasion he injured his right knee after  defusing
a bomb on an aircraft that had returned from a mission in Germany.  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.   The  Board
notes the PH is awarded for wounds received as  a  direct  result  of  enemy
action (i.e., gunshot or shrapnel wounds,  hand-to-hand  combat  wounds,  or
forced aircraft bail out injuries due to the aircraft being shot  down).   A
member must provide a detailed personal account, eyewitness statements,  and
medical documentation to  show  the  wound  received  treatment  by  medical
personnel and occurred as a direct result of enemy action.   However,  there
is no indication in his service medical records to substantiate  his  claim.
Medical documentation does state he was treated for a  sore  neck;  however,
there is no evidence in his records which state this  injury  was  a  direct
result of enemy action.  Also, the injury to his right knee  while  defusing
a bomb, does not meet the criteria  for  award  of  the  PH.   The  personal
sacrifice the applicant endured for his country is noted  and  our  decision
in no way diminishes the high regard  we  have  for  his  service;  however,
insufficient documentary evidence has been  presented  to  warrant  awarding
him the Purple  Heart.   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 the evidence presented  did  not  demonstrate  the
existence of an error or an injustice; the application was denied without  a
personal appearance; and 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 this application in  Executive
Session on 6 October 2004, under the provisions of AFI 36-2603:

                 Mr. Charles E. Bennett, Panel Chair
                 Ms. Barbara R. Murray, Member
                 Mr. Albert C. Ellett, Member








The following documentary evidence pertaining to AFBCMR Docket Number  2004-
01473 was considered:

   Exhibit A.  DD Form 149, dated 17 July 2003, w/atchs.
   Exhibit B.  Available Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPR, dated 20 July 2004.
   Exhibit D.  Letters, SAF/MRBR, dated 30 July 2004.
   Exhibit E.  Letter, Applicant, dated 10 August 2004, w/atchs.




                                CHARLES E. BENNETT
                                Panel Chair