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AF | BCMR | CY2005 | BC-2004-03167
Original file (BC-2004-03167.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-03167
            INDEX CODE:  107.00
      xxxxxxxxxxxxxxxxx      COUNSEL:  xxxxxxxxxxxxxxxx

      xxxxxxxxxxxxxxxxx      HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) Medal.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was injured on 31 May 1944, in a  military  plane  crash  while  in
combat on a mission to Polesti Oil Fields  in  Romania.   Doctors  who
treated him told him that he would be eligible for  award  of  the  PH
Medal.  Other members of the crew were awarded the PH  Medal  for  the
same occurrence.

In support of his request, applicant  submits  a  personal  statement,
documents from his military record, and a copy of WD AFO  Form  53-98,
Military Record and Report of Separation Certificate of Service.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s military  personnel  records  reflect  that  he  initially
entered the Army on 15 January 1942 and  served  through  30 September
1943.  On  1  October  1943,  he  completed  pilot  training  and  was
appointed a second lieutenant, Army of the United  States,  Air  Corps
and entered active duty on that same date.

On 31 May 1944, he was injured  in  an  aircraft  accident,  when  the
aircraft he was piloting crashed.  He sustained a sprained left  ankle
and multiple general contusions.

His report of separation (item 30),  reflect  no  wounds  received  in
action.  He served overseas tours in the  Caribbean  from  28 February
1942 to 13 December 1942,  and  in  Italy  from  28 November  1943  to
4 August 1944.  His decorations include award of the Air Medal w/1OLC,
the World War II Victory medal and the Good Conduct Medal.

Applicant continued to served in  the  Air  Force  Reserve  until  his
retirement in the grade of lieutenant colonel on 27 January 1980.   He
served 38 years and 12 days total military service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends the applicant's request  for  award  of  the  PH
Medal for injuries incurred in Italy by an  accident,  as  opposed  to
wounds being sustained or caused by enemy actions  be  denied.   DPPPR
state that by the applicant’s own account, the initial take off of the
B-24 Liberator went well, until the number two, three and four engines
of the plane malfunctioned and quit.   At  that  point  the  crew  was
forced  to  turn  back.   During  the  cartwheel  type  landing,   all
crewmembers on board sustained injuries.  His WD AGO Form 53 block  30
clearly states that no wounds were received in action.  The  applicant
introduced another service member’s  WD  AGO  Form  53,  and  it  does
indicate that the member was awarded the PH based upon injuries  as  a
result of enemy action (block 34).  The applicant  was  treated  at  a
medical facility for his injuries; however no mention is made  by  the
medical facility or in the member’s supporting  documentation  stating
that the injuries came as a result  of  enemy  action.   Although  the
member feels strongly on his belief that the plane accident was caused
by sabotage, again no evidence has been presented to substantiate that
claim.

The DPPPR evaluation, with attachments, is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant  and
his counsel on 23 November 2004 and 24 November 2004, respectively for
review and response.  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 a thorough review  of  the
applicant’s submission and the available evidence of  record,  we  are
not persuaded that he should be awarded the Purple Heart  Medal.   The
PH is awarded for injuries  received  as  a  direct  result  of  enemy
action.  The evidence of record shows that the applicant  was  injured
in an aircraft accident when the engines malfunctioned and  not  as  a
result of enemy action.  In view of  the  above,  we  agree  with  the
opinions and recommendations of  the  Air  Force  offices  of  primary
responsibility  and  adopt  their  rationale  as  the  basis  for  our
conclusion that the former member has not been the victim of an  error
or injustice.  Therefore, we  find  no  compelling  basis  to  warrant
favorable consideration of the relief sought in this application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be  notified  that  the  evidence  presented  did  not
demonstrate the existence of an 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  no   considered   with   this
application.

_________________________________________________________________

The following members of the Board considered Docket  Number  BC-2004-
03167 in Executive Session on 24 February 2005, under  the  provisions
of AFI 36-2603:

                 Mr. Michael. J. Novel, Panel Chair
                 Mr. John E. Pettit, Member
                 Ms. Carolyn B. Willis, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 1 Oct 04, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPPRA, dated 18 Nov 04.
      Exhibit D. Letter, SAF/MRBR, dated 23 Nov 04.
      Exhibit E. Letter, SAF/MRBR, dated 24 Nov 04.






      MICHAEL. J. NOVEL
      Panel Chair




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