RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00857
            INDEX CODE:  107.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  12 JUNE 2006

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show  he  was  awarded  the  Purple  Heart  (PH)
Medal.
_________________________________________________________________

APPLICANT CONTENDS THAT:

During a raid over Germany in 1945, the heating control  in  the  plane  was
shattered by enemy fire which caused extreme loss of heat  to  his  electric
suit.  Additionally, while  flying  several  missions  over  Germany,  under
extremely cold weather conditions, he received  residual  cold  injuries  to
his hands and feet (frostbite).

In  support  of  the  application,  the  applicant  submits  his  separation
document, his personal statement, a multiple  page  account  of  his  flying
missions, and his VA rating.   The  applicant's  complete  submission,  with
attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The former member’s records were lost or destroyed and  attempts  to  secure
the applicant’s DVA records were unsuccessful.  The following  is  the  only
available information pertaining to the former  member’s  service  extracted
from documents provided by the applicant.

The applicant was inducted into the Army of the United States Air  Corps  on
8 July 1943, and entered active service on 14 October 1944  at  the  age  of
19.  His separation document indicates he was enrolled as a student  in  the
Army Air Forces Navigation School from 8 July 1943 to 13 October 1944.    He
was assigned to duties in the  European-African-Middle  Eastern  Theater  of
Operations from 8 February 1944 to 14 March 1946, and  he  performed  duties
as Navigator.  He  participated  in  the  Northern  France,  Rhineland,  and
Central Europe Campaigns.  On 28 March 1946, the applicant entered  terminal
leave status and reverted to inactive status on 8 May 1946.  On 8 May  1946,
he was honorably discharged  in  the  grade  of  first  lieutenant  for  the
Convenience of the Government  (demobilization).   His  separation  document
reflects he was awarded the Air Medal (3 OLC),  the  World  War  II  Victory
Medal, and the European African  Middle  Eastern  Campaign  Medal.   He  was
credited with 5 months, and 2 days of continental service,  and  1  year,  1
month, and 23 days of Foreign Service.

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AIR FORCE EVALUATION:

HQ AFPC/DPPPR recommends denial.  DPPPR states  to  be  awarded  the  PH,  a
member must provide documentation to  support  that  he  was  wounded  as  a
direct result of enemy action.  DPPPR notes indirect injuries  do  not  meet
PH criteria.  DPPPR explains indirect injuries include but are  not  limited
to, diseases,  exposures,  injuries  received  while  seeking  shelter  from
mortar  or  rocket  attacks,  aircraft  bombings,  grenades,  and   injuries
incurred while service as an aircraft member or in  passenger  status  as  a
result  of  the  aircraft’s  evasive  measures  against  hostile  fire.   In
addition, it is necessary that  the  wounds  required  or  received  medical
treatment by medical personnel.

DPPPR notes the applicant has provided a copy of his Veteran  Administration
disability rating of 100 percent in support of  his  claim;  however,  after
thorough review of the documentation provided  they  are  unable  to  verify
that his injuries were a direct result  of  enemy  action.   Therefore,  the
applicant’s request does not meet the criteria for award of the  PH.   DPPPR
concludes not all service-connected conditions were caused by the enemy.

DPPPR’s evaluation, with attachments, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force  evaluation  was  forwarded  to  the  applicant  for
review and comment on 15 July 2005.   As  of  this  date,  this  office  has
received no response (Exhibit D).

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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  frostbite  injury
to his hands and feet sustained during his assignment in Vietnam.   After  a
thorough review of  his  submission  and  the  supporting  documentation  he
provided,   to   include   the   rating   assessment   from   the   Veterans
Administration, these documents  do  not  persuade  us  that  he  should  be
awarded the Purple Heart Medal.  There is no evidence  that  the  conditions
cited by the  DVA  (Residuals,  Cold  Injury)  were  incurred  in  a  manner
consistent with the criteria for award of the Purple Heart Medal.  While  we
appreciate and honor the applicant’s service to his country, in view of  the
above and in the absence of evidence by the applicant showing  the  injuries
met the statutory and regulatory criteria for  award  of  the  Purple  Heart
Medal, we have no basis on which to favorably consider this request.

_________________________________________________________________

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 8 September 2005 under the provisions of AFI 36-2603:

      Mr. Michael J. Novel, Panel Chair
      Mr. Terry L. Scott, Member
      Ms. Cheryl V. Jacobson, Member


The following documentary evidence was considered in AFBCMR BC-2005-00762:

      Exhibit A.  DD Form 149, dated 8 Nov 2004, with atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, HQ AFPC/DPPPR, dated 7 Jul 2005.
      Exhibit D.  Letter, SAF/MRBR, dated 15 Jul 2005.




                                   MICHAEL J. NOVEL
                                   Panel Chair