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AF | BCMR | CY2005 | BC-2005-01219
Original file (BC-2005-01219.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2005-01219
            INDEX NUMBER: 107.00

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  14 Oct 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH).

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

Although he was wounded in the wrist  during  a  1944  bombing  mission,  he
never received the PH.  He went to sick call and the flight  surgeon  looked
at his wound and returned him to duty.  The shrapnel remained in  his  wrist
until it was removed in 2002.

In support of the appeal, applicant submits a copy of his DD Form  214,  his
personal statement, and a statement from a Department  of  Veterans  Affairs
(DVA) physician.  The DVA physician states  that  applicant  has  had  minor
surgery to remove a piece of metal fragment from his left forearm.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s military records were destroyed by fire in 1973 at the  National
Personnel Records Center (NPRC); therefore, the  following  information  has
been extracted from the documentation provided by the applicant.

Applicant is a former member of the Army Air  Corps  who  served  on  active
duty from 1 April 1943 through 13 May 1945, as an aerial gunner.  Block  34,
Wounds Received in Action, of the applicant’s Enlisted Record and Report  of
Separation, indicates “none.”

The PH is awarded for wounds received as a direct result  of  enemy  actions
(i.e., gunshot  or  shrapnel  wounds,  hand-to-hand  combat  wounds,  forced
aircraft bail out injuries, etc.).  In addition, it is necessary  the  wound
required or received treatment by medical personnel.  Indirect  injuries  do
not meet the criteria for award of the PH.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPRA recommends the application be denied and states, in  part,  that
applicant has  not  submitted  any  evidence  or  medical  documentation  to
substantiate the injury was a direct result of enemy action.

The AFPC/DPPPRA evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to  the  applicant
on 27 May 2005 for review and response within 30 days.  However, 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.   In  this  respect,  we  note  the  PH  is
awarded for wounds received as a direct result of enemy actions  and  it  is
necessary the wound required or received  treatment  by  medical  personnel.
The applicant states that he was wounded in the wrist during a 1944  bombing
mission.  He further states that his wound  was  looked  at  by  the  flight
surgeon and he was returned to duty.  The shrapnel  remained  in  his  wrist
until it was removed in 2002.  In support of his request, applicant  submits
a statement from a DVA physician who states that he has  had  minor  surgery
to remove a piece of metal fragment from his left  forearm.   However,  this
individual does not state the origin of the piece of metal fragment or  that
it was the direct result of enemy action.  Furthermore,  applicant  has  not
provided  statements  from  any  eyewitnesses.    The   personal   sacrifice
applicant endured for his country is  noted  and  our  decision  in  no  way
diminishes the high regard we have for his  service;  however,  insufficient
documentary evidence has been presented to warrant awarding him  the  Purple
Heart.  Therefore, in the absence of evidence  that  he  was  injured  as  a
direct result of enemy action, we find  no  compelling  basis  to  recommend
granting the  relief  sought  in  this  application.     Should  he  provide
evidence that he was injured as a direct result  of  enemy  action,  he  may
request reconsideration of his appeal.

_________________________________________________________________

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  Docket  Number  BC-2005-01219
in Executive Session on 21 July 2005, under the provisions of AFI 36-2603:

                       Mr. Michael K. Gallogly, Panel Chair
                       Mr. Albert C. Ellett, Member
                       Mr. Jay H. Jordan, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 18 May 04, w/atchs
    Exhibit B.  Letter, AFPC/DPPPRA, dated 20 May 05.
    Exhibit C.  Letter, SAF/MRBR, dated 27 May 05.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair

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