RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02228
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His WD AGO Form 53-55 - Enlisted Record and Report of  Separation  Honorable
Discharge, reflect award of the Purple Heart (PH) Medal.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He  is  entitled  to  the  PH  Medal  for  wounds  he  received  in  Leyete,
Philippines Island.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant's military personnel records were destroyed by  fire  in  1973
at the National Personnel Record Center (NPRC) in St. Louis, Missouri.   The
available records provided by the applicant indicate the following:

The applicant enlisted in the Army Air Corps on 13 November 1942.

On 2 January 1946, the applicant was honorably discharged in  the  grade  of
sergeant under the provisions of AR 615-365 - Convenience of the  Government
RR 1-1 Demobilization.  He served 3 years, 1 month, and  27  days  of  total
active service.

According to the applicant’s WD AGO Form 53-55  he  received  the  following
decorations  and  citations:   American  Theater   Ribbon,   Asiatic-Pacific
Theater Ribbon with four Bronze Stars, Good  Conduct  Medal,  World  War  II
Victory Medal, and the Philippine Liberation Ribbon with two Bronze Stars.



The Report of Separation (WD AGO Form 53-55) reflects  “None”  in  item  34,
Wounds received in action.

A Department of Veterans Affairs (DVA) rating  decision,  dated  26 February
2002, indicates the applicant filed a claim  for  increased  evaluation  for
residuals associated with his service-connected  right  forearm  laceration,
and reopened a claim for bilateral hearing loss  on  24  May  2001.   He  is
currently receiving service-connected disability for the following:

        Service-connection for right forearm median  and  ulnar  neuropathy,
residuals laceration right forearm was granted  with  an  evaluation  of  30
percent effective 24 May 2001.

        Evaluation of otitis externa,  bilateral,  which  was  zero  percent
disabling, was continued.

        Service-connection for bilateral high  frequency  hearing  loss  was
denied.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommended denial.  They indicated the applicant did provide  an
eyewitness statement; however, the eyewitness account  does  not  provide  a
detailed description of how the injuries were  sustained.   The  applicant’s
official record is very limited.  The  documentation  provided  consists  of
Veterans Administration medical records.  They  researched  the  applicant’s
personnel record and documents attached to the WD AGO 53-55; they could  not
find any support for award of the PH Medal.

The evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 3 September 2004, a copy of the Air Force  evaluation  was  forwarded  to
the applicant for review and response 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 an error or an injustice warranting award of the  Purple  Heart
Medal.  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 the applicant  has  not  been  the  victim  of  an  error  or
injustice.  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.   We  note
portions of the applicant’s service records were destroyed by fire  in  1973
at the NPRC.  As a result, there is no indication in the  available  records
to substantiate he had been injured as a  direct  result  of  enemy  action.
The applicant did provide an eyewitness statement; however,  the  eyewitness
account does not provide a  detailed  description  of  how  the  applicant’s
alleged injuries were sustained.  The Board would be willing to  review  the
applicant’s request for possible reconsideration if he provided  a  detailed
description from an eyewitness of how the alleged injuries  were  sustained.
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  BC-
2004-02228 was considered:

   Exhibit A.  DD Form 149, dated 20 September 2003, w/atchs.
   Exhibit B.  Available Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPR, dated 18 August 2004.
   Exhibit D.  Letters, SAF/MRBR, dated 3 September 2004.




                                CHARLES E. BENNETT
                                Panel Chair