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AF | BCMR | CY2005 | BC-2004-03064
Original file (BC-2004-03064.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                 DOCKET NUMBER: BC-2004-03064
                                  INDEX CODE:  107.00
    XXXXXXXXXXXXXXXX         COUNSEL:  NONE
    XXXXXXXXXXXXX                 HEARING DESIRED:  NOT INDICATED

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) Medal.

_________________________________________________________________

APPLICANT CONTENDS THAT:

On 28 September 1944, while on a mission to Merseburg,  Germany,  he  was
hit in the lower right arm with a piece of flak.  He and three other  men
onboard the plane were wounded.  He did not report it because he did  not
want to stay in the hospital and miss his regular series of missions.

In support of his appeal,  the  applicant  provides  a  letter  from  his
physician verifying the scar to the lower  right  arm.   The  applicant’s
submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Air Force Reserve Corps for Aviation  Cadet
Training on 22 September 1942 in the grade  of  E-1  (Private).   He  was
appointed an aviation cadet and entered into Aviation  Cadet  (Air  Crew)
Training.  On 8 February 1944, he was appointed a second lieutenant, Army
of the United States, Air Corps and entered active duty on same date.

The applicant departed for the European Theater of Operations (ETO) on 18
May 1944.  While in the ETO he performed duties  as  a  B-17  Pilot.   He
departed the ETO on 23 November 1944 and arrived in the Continental US on
24 November 1944.  His separation document shows he participated  in  the
following campaigns:  Air Combat Balkans, Air Offensive Europe,  Southern
France Normandy and  Northern  France  Rhineland.   He  was  awarded  the
Distinguished Flying Cross, Air Medal with four oak leaf clusters and the
European-African-Middle Eastern Service Medal.

In a Physical Examination for Flying, dated  3  January  1945,  completed
following the applicant’s return from overseas, it was indicated that the
applicant had “no injuries, illnesses or  operations  while  in  military
service.”  The applicant’s Certificate of Service, documenting his relief
from active duty on 5 October 1945, indicates he sustained no  wounds  in
action.

Applicant continued to serve in the Air Force Reserve  and  Air  National
Guard in an active status until  his  transfer  to  the  Retired  Reserve
Section in the grade of lieutenant colonel effective  8 March  1972.   He
had completed a total of 20 years, 9 months and 9  days  of  satisfactory
Federal service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends the application be denied.  DPPPR states  that  the
applicant has not provided sufficient  information  or  documentation  to
substantiate his claim for award of the  PH.   The  Purple  Heart  Review
Board concluded that the evidence presented by the applicant did not meet
the criteria for award of the PH since the evidence did  not  demonstrate
his  injury  was  a  direct  result  of  enemy  action  or  that  medical
authorities treated him.  The DPPPR evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 10 November 2004, a copy of the Air Force evaluation was sent  to  the
applicant for review and comment.  As of this date, this office  has  not
received a 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.   We  took  notice  of  the  applicant’s
contention that he should be awarded the Purple Heart for  an  injury  he
sustained to the lower  right  arm  while  on  a  mission  to  Merseburg,
Germany.  After a thorough review of his submission  and  the  supporting
documentation he provided, his physician’s letter,  which  indicates  the
presence of a scar to the right anterior forearm,  this  statement  alone
does not persuade us that he should be awarded the  Purple  Heart  Medal.
Rather, the contemporaneous personnel  and  medical  records  contain  no
evidence of medical treatment for the wound he alleges  he  sustained  or
that the wound was a direct result of enemy action.  While we  appreciate
and honor the applicant’s  service  to  his  country,  absent  sufficient
documentation to support his eligibility for award of the  Purple  Heart,
we find no  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  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 18 January 2005, under the  provisions  of  AFI  36-
2603:

                 Mr. Robert S. Boyd, Panel Chair
                 Ms. B J White-Olson, Member
                 Mr. Lanny Cawthon, Member

The following documentary evidence for AFBCMR Docket Number 04-03064  was
considered:

    Exhibit A.  DD Form 149, dated 14 Sep 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 8 Nov 04.
    Exhibit D.  Letter, SAF/MRBR, dated 10 Nov 04.





                                   ROBERT S. BOYD
                                   Panel Chair


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