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AF | BCMR | CY2004 | BC-2004-01835
Original file (BC-2004-01835.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2004-01835
            INDEX NUMBER: 107.00

      XXXXXXX    COUNSEL:  DVA

      XXXXXXX    HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) and his service aboard the  His  Majesty
Troopship (HMT) Rohna be recognized on his discharge.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

He was injured on 26 November 1943, when the HMT Rohna was sunk by a  radio-
controlled rocket-boosted bomb launched from a German bomber off  the  coast
of North Africa.  Based on  the  secrecy  of  the  War  Department,  he  was
unaware of what happened until 50 years later.

In support of the appeal, applicant submits  the  text  of  a  congressional
speech concerning the sinking of the HMT Rohna and a list of survivors.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant is a former member of the Army Air  Corps  who  served  on  active
duty from 31 October 1942 to 19 November 1945.

The PH is awarded for wounds received as a direct result  of  enemy  actions
(i.e., gunshot  or  shrapnel  wounds,  hand-to-hand  combat  wounds,  forced
aircraft bail out injuries, etc.).  In addition, it is necessary  the  wound
required or received treatment by medical personnel.  Indirect  injuries  do
not meet the criteria for award of the PH.

_________________________________________________________________



AIR FORCE EVALUATION:

AFPC/DPPPR recommends the application be denied and states,  in  part,  that
after careful review of applicant’s military records,  they  are  unable  to
verify his eligibility for award of the PH.

The AFPC/DPPPR evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

Counsel states the advisory opinion fails to understand that  applicant  was
attached to the HMT Rohna during World War II, when  a  German  missile  hit
it.

In further support of the  appeal,  counsel  submits  the  comments  from  a
fellow crewmember who was awarded the PH, taken  from  the  Rohna  Survivors
Memorial Web page.

Counsel’s 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.   In  this  respect,  we  note  the  PH  is
awarded for wounds received as a direct result of enemy  action  and  it  is
necessary the wound required or received  treatment  by  medical  personnel.
Applicant states he almost drowned on 26 November 1943, during  the  sinking
of the HMT Rohna.  He further states that water was pumped  from  his  lungs
on the deck of the U.S.S. Pioneer and he was sent to sick bay for  recovery.
 A review of his Department of Veterans Affairs (DVA) records  indicates  he
recently filed for compensation for Post Traumatic  Stress  Disorder  (PTSD)
resulting from the incident.  The personal sacrifice applicant  endured  for
his country and his courage during the HMT Rohna tragedy is  noted  and  our
decision in no way diminishes the high  regard  we  have  for  his  service;
however, his near-drowning is not considered a wound or injury and  PTSD  is
not considered an  injury  that  is  the  direct  result  of  enemy  action.
Therefore, in the absence of evidence  that  he  was  injured  as  a  direct
result of enemy action, we find no compelling basis  to  recommend  granting
the relief sought in this application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of 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  not
considered with this application.

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2004-01835
in Executive Session on 1 September 2004, under the provisions  of  AFI  36-
2603:

                       Mr. Thomas S. Markiewicz, Chair
                       Mr. John E. B. Smith, Member
                       Ms. Kathy L. Boockholdt, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 9 Mar 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 2 Aug 04.
    Exhibit D.  Letters, SAF/MRBR, dated 6 Aug 04.
    Exhibit E.  Letter, Counsel, dated 16 Aug 04, w/atchs.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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