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AF | BCMR | CY2004 | bc-2003-03308
Original file (bc-2003-03308.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2003-03308
            INDEX NUMBER: 107.00

            COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH).

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

During the invasion of *****, on 30 May 1944, he received a  shrapnel  wound
in his left buttock from strafing Japanese aircraft.  At  the  time  of  the
injury, he saw no blood and assumed he had been hit by  a  piece  of  flying
coral; however, during a 1978 doctor’s visit, he discovered he had  actually
been hit by a piece of shrapnel.

The applicant states that he desires award of the PH  in  order  to  receive
concurrent receipt of his retired pay and  Department  of  Veterans  Affairs
(DVA) compensation.

In support of the  appeal,  applicant  submits  two  eyewitness  statements,
extracts from his military records, a statement from a  civilian  physician,
and his personal statement.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is a retired Air Force Chief Warrant Officer (CWO  -4).   From
15 August 1940 to 12 October 1945, he  served  as  a  parachute  rigger  and
repairman in the Army Air Corps.   During  the  period  15  August  1945  to
5 September 1945, he served in  the  Pacific  Theatre  of  Operations  (PTO)
during the New Guinea, Southern Philippines, and Luzon campaigns.

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  that  the
wound have 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
there is no evidence that the foreign body in the applicant’s  left  buttock
is a piece of shrapnel or when/how it became lodged in his buttock.

The AFPC/DPPPR evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to  the  applicant
on 12 March 2004 for review and response within 30  days.   However,  as  of
this date, this office has received no response.

_________________________________________________________________

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 thoroughly  reviewing  the  evidence
of record and noting the applicant’s contentions, we are not persuaded  that
he has been the victim of an error or injustice.  In this respect,  we  note
that the PH is awarded for wounds received  as  a  direct  result  of  enemy
actions and it is necessary the wound have required  or  received  treatment
by medical personnel.   The  applicant  contends  that  he  was  injured  by
strafing Japanese aircraft during the invasion of *****, and that  since  he
found no blood, assumed he was hit by a piece of flying coral  and  did  not
seek medical treatment.  It was not until a  1978  doctor’s  visit  that  he
discovered he had been struck by shrapnel that lodged in his  left  buttock.
In support of his appeal, he provides statements from former members of  the
**** invasion force; however, these  individuals  do  not  state  that  they
witnessed the applicant being wounded.   Although  the  statement  from  the
civilian physician confirms the presence  of  an  irregular  shaped  foreign
body of metallic origin  in  the  applicant’s  left  buttock,  it  does  not
substantiate that it is shrapnel or is the  result  of  enemy  action.   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 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-2003-03308
in Executive Session on 14 April 2004, under the provisions of AFI 36-2603:

                       Mr. Roscoe Hinton, Jr., Panel Chair
                       Ms. Kathy L. Boockholdt, Member
                       Mr. Michael J. Novel, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 1 Oct 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 8 Mar 04.
    Exhibit D.  Letter, SAF/MRBR, dated 12 Mar 04.




                                   ROSCOE HINTON, JR.
                                   Panel Chair

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