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AF | BCMR | CY2005 | BC-2004-00529-2
Original file (BC-2004-00529-2.doc) Auto-classification: Denied

                                 ADDENDUM TO
                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00529-2

            COUNSEL:  NONE

            HEARING DESIRED:  NO




MANDATORY CASE COMPLETION DATE:  21 AUGUST 2005

_________________________________________________________________

APPLICANT REQUESTS THAT:

In the applicant’s request for reconsideration, he  requests  award  of  the
Purple Heart (PH) medal for injuries sustained during World War II.
_________________________________________________________________

STATEMENT OF FACTS:

The applicant participated  in  the  European  Theater  of  Operation  (ETO)
during the period 22 December 1944 through  27  April  1945.   On  14  March
1945, shortly after takeoff, the applicant  received  injuries  due  to  the
aircraft on which he was a crewmember lost an engine and  crash-landed.   He
was subsequently found  unfit  for  military  service  and  recommended  for
discharge.  On 19 September 1945, the applicant was honorably discharged  in
the grade of sergeant under the provisions of  AR  615-361  (certificate  of
disability for discharge) from the Army  Air  Corps.   He  had  completed  a
total of 1 year, 7 months and 17 days of continental service  and  4  months
and 13 days of foreign service at the time of discharge.

On 25 August 2004, the Board considered and denied a similar appeal  by  the
applicant.  A summary of the  evidence  considered  by  the  Board  and  the
rationale for its decision is set forth in  the  Record  of  Proceedings  at
Exhibit E.

The applicant submitted a request for  reconsideration  of  his  appeal  for
award of the Purple Heart and has provided  additional  documentation.   The
applicant’s complete submission is at Exhibit F.
_________________________________________________________________

THE BOARD CONCLUDES THAT:

After again reviewing this application and the evidence provided in  support
of the appeal, we remain unpersuaded that the  applicant’s  injury  met  the
requisite criteria for award of the Purple Heart (PH).  Specially,  that  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  PH.
The personal sacrifice the applicant endured for his country  is  noted  and
our decision should in no way  lessen  his  service.   With  regard  to  the
applicant’s assertion that other crewmembers received the  PH  for  injuries
they  sustained  in  the  crash,  no  documentation  has  been  provided  to
substantiate this claim.  Inasmuch as the  Board  is  not  an  investigating
body, the burden of  proof  rests  with  the  applicant.   In  view  of  the
foregoing, we find no basis  upon  which  to  recommend  correction  of  his
records to reflect he was the recipient of the PH.
_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of probable 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 22 April 2005, under the provisions of AFI 36-2603:

      Mr. Michael K. Gallogly, Panel Chair
      Mr. Albert C. Ellett, Member
      Mr. Terry L. Scott, Member

The following documentary evidence was considered:

      Exhibit E.  Record of Proceedings, dated 5 Oct 04, w/Exhibits.
      Exhibit F.  Applicant’s Letter, dated 10 Nov 04, w/Atchs.



                                   MICHAEL K. GALLOGLY
                                   Panel Chair

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