RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-00854

            INDEX CODE:  107.00


            COUNSEL:  MR. BERNIE GAMBER
                      VETERANS SERVICE OFC

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  16 AUGUST 2006
_________________________________________________________________

APPLICANT REQUESTS THAT:

Award of the Purple Heart (PH) for injuries  sustained  while  flying  on  a
combat mission in the Pacific Theater on 15 June 1944.
_________________________________________________________________

APPLICANT CONTENDS THAT:

While assigned to the 372nd Bomb Squadron, 307th Bomb Group, he was  wounded
when flying on a combat mission over Moen Island (Pacific Theater).  He  was
treated for the injury at the base infirmary and returned to flying  status.
 He was awarded an Air Medal, with sixth bronze oak leaf  cluster,  for  his
actions on the same mission.  Award of the PH would place him  in  a  higher
priority group for obtaining Department  of  Veterans  Administration  (DVA)
health care benefits.

In  support  of  his  request,  counsel  and   applicant   submit   personal
statements, with the applicant’s previously  withdrawn  2002  DD  Form  149,
with attachments.  The applicant’s complete  submission,  with  attachments,
is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

Applicant's military personnel records were destroyed by fire in 1973.

The  applicant’s  Enlisted  Record  and  Report  of  Separation  reveals  he
enlisted in the Army Air Corps on 5 December 1942 in the grade  of  private.
He  was  progressively  promoted  to  the  grade  of  staff  sergeant.    He
participated in the Pacific Theater of Operation (PTO) during the period  23
October 1943 through 22 October 1944, and had completed 52 combat missions.

Information  extracted  from  DVA  records   reveals   the   applicant   was
hospitalized during the period 2 December 1944-2 February 1945 at the  Santa
Ana Army Air Base Hospital, CA, for operational fatigue.  Progress Notes  of
4 December 1944 indicate “no wounds, injuries, or  serious  illnesses  while
overseas.”

The applicant was awarded the Air Medal with one  Silver  Oak  Leaf  Cluster
and three Bronze Oak Leaf Clusters, Distinguished Unit Badge,  Good  Conduct
Ribbon, Asiatic Pacific Theater Ribbon, with one  Silver  Battle  Star,  two
Overseas Service Bars, American Campaign Medal and the World War II  Victory
Medal.  His Enlisted Record and Report  of  Separation  reflects  no  wounds
received  in  action.   On  12  June  1945,  the  applicant  was   honorably
discharged under the provisions of  AR  615-365  (Demobilization)  from  the
Army Air Force.  He was serving in the  grade  of  staff  sergeant  and  had
completed a total of one year, six months  and  three  days  of  continental
service and one year and five  days  of  foreign  service  at  the  time  of
discharge.

On 14 October 2002, the applicant initially submitted a similar  appeal  for
award of the PH, AFBCMR  Docket  Number  03-00854.   On  31 March  2003,  HQ
AFPC/DPPPRA notified the applicant that they  researched  the  Sick  Reports
and Morning Reports of the 372nd Bombardment Squadron, but his name was  not
on the sick list during the period 3 May-6 July 1944.  He  was  informed  of
the criteria for award of  the  PH  and  of  his  option  to  either  submit
additional  information/documentation  or  withdraw  his  application.    He
subsequently requested his appeal withdrawn.

On 14 February 2005, in lieu of submitting a second  request  for  award  of
the PH, counsel resubmitted the applicant’s original application,  dated  14
October 2002, with attachments, for Board consideration.
_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR recommends the application be denied.   DPPPR  indicates  that
an entry on a DD Form 55F, US Army Progress Notes,  dated  4 December  1944,
states no wounds, injuries or serious diseases while overseas.  A search  of
the Morning and Sick Reports during June 1944 failed  to  show  any  entries
for the applicant being injured.  He was provided the 1996 National  Defense
Authorization Act (NDAA) rules to apply for a decoration;  however,  he  has
not submitted any additional documentation or evidence to support his  claim
to the PH.  There is no  detailed  personal  account  of  the  circumstances
surrounding the applicant’s injury to include specifics as  to  how  he  was
injured.  Eyewitness statements have not been submitted to  corroborate  his
claim of being injured on 15 June 1944.  The HQ AFPC/DPPPR evaluation is  at
Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant  on  22  April
2005 for review and response.   As  of  this  date,  no  response  has  been
received by this office (Exhibit D).
_________________________________________________________________

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.  Applicant’s contentions were  duly  noted.
However, we  did  not  find  these  uncorroborated  assertions,  in  and  by
themselves, sufficiently persuasive to override the  rationale  provided  by
the Air Force office of primary responsibility.  To be  awarded  the  Purple
Heart, a member must provide documentation to support he was wounded by  the
enemy while in combat or as a direct  result  of  enemy  actions.   Indirect
injuries do not meet the criteria for award of the Purple Heart.  We do  not
wish to deprive the applicant of an award to which he is entitled;  however,
based on the evidence before us, we have no recourse but  to  conclude  that
his request for the Purple Heart should be denied.
_________________________________________________________________

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 this application in  Executive
Session on 25 May and 9 June 2005, under the provisions of AFI 36-2603:

                  Mr. Joseph G. Diamond, Panel Chair
                  Mr. Charles E. Bennett, Member
                  Mr. Michael J. Maglio, Member

The following documentary evidence was considered in connection with  AFBCMR
Docket Number BC-2003-00854.

   Exhibit A.  Letter from Counsel, dated 14 Feb 05, and DD Form
               149, dated 14 Oct 02, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPR, dated 19 Apr 05.
   Exhibit D.  Letter, SAF/MRBR, dated 22 Apr 05.



                                   JOSEPH G. DIAMOND
                                   Panel Chair