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AF | BCMR | CY2005 | BC-2005-01298
Original file (BC-2005-01298.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01298
            INDEX CODE:  107.00
      XXXXXXXXXXXXXXX  COUNSEL:  NONE

      XXXXXXXXXXXXXXX  HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  22 SEP 2006

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) Medal.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His left leg was injured in November 1944 in World  War  II  during  a
night-long air raid of the Pitoe Airstrip on the  Island  of  Morotai,
Japan, by nine Japanese aircraft.

In support of his request, applicant submits a personal  statement,  a
copy of a letter to his Congresswoman and a  letter  from  AFPC/DPMSAA
denying the applicant award of the PH Medal.

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

_________________________________________________________________

STATEMENT OF FACTS:

The former member’s military personnel records were destroyed by  fire
in 1973.  The available records reflect he enlisted in  the  Army  Air
Corp on 16 August 1943 and was released from active duty on 25 January
1946.

His record reflects entitlement to the Asiatic Pacific Campaign Medal,
American Campaign Medal, the World War II Victory Medal, the  European
African Middle Eastern Campaign Medal and the Good Conduct Medal.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPRA recommends the  applicant's  request  be  denied.   DPPPRA
states a document  was  submitted  by  applicant  written  by  Colonel
H_______ dated 6 July 1970, stating his master personnel records  were
screened for background information relating  to  a  wound  or  injury
sustained by him in World War II records revealed  that  the  incurred
injury of the left knee was a result of an old injury sustained  while
playing football not as a result of jumping into a fox hole during the
air raid.  According to DPPPRA, the applicant disputes his injury  was
a result of an old aggravated football injury but was instead a direct
result of an injury on November 1944.   He  did  not  provide  medical
documentation that he was treated for injuries  as  a  result  of  the
bombing raid.

DPPPRA states the PH is awarded for wounds received as a direct result
of enemy action (i.e., gunshot or shrapnel wounds, hand-to-hand combat
wounds, forced aircraft bail  out  injuries,  etc.).   A  member  must
provide documentation to support the injury was  a  direct  result  of
enemy action.  It  is  also  necessary  that  the  wound  required  or
received medical treatment by medical  personnel.   Indirect  injuries
which do not meet the PH criteria include, but  are  not  limited  to,
injuries received while seeking shelter from mortar or rocket attacks,
aircraft accidents, grenades, diseases and exposure.

According to  DPPPRA  there  is  no  entry  of  injury  found  in  the
applicant’s military medical records and Item  34  of  his  Report  of
Separation, Wounds Received in Action, reflect “None”.

The DPPPRA’s evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states the letter in his records  from  Colonel  H__________
dated 6 July 1970, which states the  injury  to  his  left  knee,  was
related to an old football injury is erroneous.   He  could  not  have
survived the jungle training with a pre-existing  ruptured  semi-lunar
cartilage in his left knee.

He spent approximately a week at the 155th Station Hospital,  Morotai,
was air-evacuated to the 132nd General Hospital on the island of  Biak
for three months physical therapy, before being returned to  the  14th
Air Division Squadron, Morotai.

He further states he was discharged from the service with  20% service
connected disability for the ruptured semi-lunar cartilage of the left
knee and provided proof from the Department of Veterans Affairs.

The applicant’s complete response is at Exhibit E.

_________________________________________________________________




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 available documentation  shows  that  the  applicant  was
injured when he jumped into a  fox  hole  during  an  air-raid,  which
aggravated an old football injury.  While  it  appears  the  applicant
disputes the fact he was injured while playing football, he  does  not
dispute that he was injured while  seeking  shelter  during  an  enemy
bombing.  The Board notes, indirect injuries  received  while  seeking
shelter from mortar or rocket attacks do not qualify for award of  the
PH Medal and no evidence has been presented to  show  the  applicant’s
injury resulted from the exploding device or shrapnel from the  device
itself during the air raid.  In view of the above, we agree  with  the
opinions and recommendations  of  the  Air  Force  office  of  primary
responsibility and adopt its 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-2005-
01298 in Executive Session on 24 August 2005, under the provisions  of
AFI 36-2603:

                 Ms. Kathleen F. Graham, Panel Chair
                 Mr. Michael K. Gallogly, Member
                 Mr. John B. Hennessey, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 7 Nov 04, w/atchs.
      Exhibit B. Applicant's Available Medical Records.
      Exhibit C. Letter, AFPC/DPPPR, dated 20 Jul 05.
      Exhibit D. Letter, SAF/MRBR, dated 29 Jul 05.
      Exhibit E. Letter, Applicant, dated 15 Aug 05.





      KATHLEEN F. GRAHAM
      Panel Chair




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