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AF | BCMR | CY2004 | BC-2004-01655
Original file (BC-2004-01655.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01655
            INDEX CODE:  107.00
            COUNSEL:  DVA

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) Medal and  the  Bronze  Star  (BS)
Medal.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was wounded in a German bomb attack at Leige, Belgium on  5 January
1945.  He claims entitlement to the BS Medal, which he claims to  have
been awarded in 1944.

In support of his request, applicant submits a personal  statement,  a
copy of WD AGO Form 52-55, Enlisted Record and  Report  of  Separation
Honorable Discharge, and copies of letters relating to his service.

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

_________________________________________________________________

STATEMENT OF FACTS:

The former member’s military personnel records were destroyed by  fire
in 1973.  The available records reflect the  member  enlisted  in  the
Army Air Corps on 10 July 1941, and  separated  on  30 November  1945.
Member’s records show he served during World War  II,  with  tours  in
Normandy, Northern France, Rhineland, and the Air Offensive in Europe.
 He served 4 years, 4 months and 21 days of active military service.

His DD Form 214, Certificate of Release or Discharge from Active Duty,
reflects award of the Air Force Good Conduct Medal,  with  Clasp,  the
American Defense Service Medal,  the  Distinguished  Unit  Badge,  the
European-African  Middle  Eastern  Service  Medal,  and  the  American
Theater Service Ribbon.

_________________________________________________________________


AIR FORCE EVALUATION:

AFPC/DPPPR  recommended  the  applicant's  request  be  denied.    The
applicant did not provide any supporting documentation to substantiate
his claim for the PH Medal or the BS Medal.  He declares that while he
was assigned in Leige, Belgium between October 1944 and January  1945,
he was wounded  and  evacuated  to  a  military  hospital  in  London.
Applicant did not provide any documentation to support his  claim  and
they did not find any  conclusive  evidence  such  as  a  citation  or
general order that would verify his entitlements to the BS Medal.

The DPPPR evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Counsel states that applicant has provided evidence of his  wounds  in
World War II by enemy action.  This was the baseline  requirement  for
award of the PH Medal.  He also provided evidence of award of  the  BS
Medal, which was  not  recorded  because  of  loss,  inadvertence,  or
incompetence by higher command,  a  common  occurrence  during  combat
actions in highly fluid unit movement situations.

In additional support of his appeal, his Counsel has provided  a  copy
of a clinical report.

His complete submission, 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 error or injustice.  After a thorough review  of  the
applicant’s submission and the available evidence of  record,  we  are
not persuaded that he should be awarded the PH Medal or the BS  Medal.
In this respect,  we  note  the  BS  Medal  is  awarded  for  heroism,
meritorious achievement, or service, not  involving  participation  in
aerial flight, in connection with military operations against an armed
enemy.  The evidence provided does not to show the applicant committed
a heroic act, was recognized for meritorious achievement, or  that  he
was officially recommended for award of the BS Medal.  In  regards  to
the applicant’s request for award  of  the  PH  Medal,  there  was  no
evidence presented, other than his own assertions, which would lead us
to believe that he was medically treated for any wounds incurred as  a
direct result of enemy fire.  The  clinical  report  and  the  letters
pertaining to the money order do not reveal the sufficient information
to justify  awarding  the  PH  Medal.   Should  the  applicant  secure
documentation in support of his assertion in the form of statements of
possible witnesses to the events under review; or, evidence  from  his
medical records indicating the presence  of  wounds  or  scars,  which
could have been the result of injuries he indicates he  suffered,  the
Board would reconsider his request for the PH  medal.   Therefore,  we
find no compelling basis to warrant  favorable  consideration  of  the
relief sought in this application.

4.  The applicant's case is adequately documented and it has not  been
shown  that  a  personal  appearance  with  or  without  counsel  will
materially  add  to  our  understanding  of  the  issue(s)   involved.
Therefore, the request for a hearing is not favorably considered.

_________________________________________________________________

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-
01655 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 18 May 04, w/atchs.
      Exhibit B. Applicant's Available Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPPR, undated.
      Exhibit D. Letter, SAF/MRBR, dated 16 Jul 04.
      Exhibit E. Letter, DVA, dated 22 Jul 04, w/atchs.





      OLGA M. CRERAR
      Panel Chair

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