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AF | BCMR | CY2005 | BC-2005-01783
Original file (BC-2005-01783.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2005-01783
                                       INDEX CODE:  107.00
      XXXXXXXXXXXXXXX                   COUNSEL: NONE

      XXXXXXXXX                         HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  7 December 2006

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) Medal.

_______________________________________________________________

APPLICANT CONTENDS THAT:

He was hit twice and injured by flak while on a combat mission  flying  over
Germany.  Both wounds were minor and he doubts the  flight  surgeon  made  a
permanent record at the time.

In support of his application, the applicant submits  a  personal  statement
with photo and copies of his WD AGO Form 53, Enlisted Record and  Report  of
Separation - Honorable Discharge; his honorable discharge  certificate;  and
correspondence transferring his appeal from the Army Board  for  Corrections
of Military Records to the Air  Force  Board  for  Corrections  of  Military
Records.  The applicant’s  complete  submission,  with  attachments,  is  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s records were partially destroyed by fire at the  St.  Louis,
MO, records repository in 1973.  The applicant’s available military  medical
records indicate that, on 23 May 1942, he enlisted in  the  Army  Air  Force
Enlisted Reserve Corps, at the age of 24 for a period of the  War  plus  six
months in the rank of private (E-1).  Following training, the applicant  was
ordered to active duty effective 11 November 1942.

The applicant was honorably discharged from active  duty  in  the  grade  of
staff sergeant on 23 September 1945.  He served 2 years, 2  months,  and  15
days on active duty of which 7 months and 27 days was Foreign Service.

The applicant’s separation document  indicates  he  performed  duties  as  a
clerk typist  and  participated  in  the  Northern  France,  Rhineland,  and
Ardennes campaigns.  He was awarded the Air Medal  w/5  Oak  Leaf  Clusters,
Good Conduct Medal, and the European African Middle Eastern Service  Ribbon.


_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial.  It is DPPPR’s opinion that the applicant  has
not  provided  the  necessary  evidence  to  substantiate  his   claim   for
eligibility for the PH Medal.  DPPPR states  that  the  PH  is  awarded  for
wounds received as a direct result of enemy  action.   In  addition,  it  is
necessary  that  the  wound  required  or  received  treatment  by   medical
personnel.  Indirect injuries do not meet the criteria for award of the  PH.
 The applicant has provided names and contact information  of  witnesses  to
corroborate his claim; however, it is not  the  responsibility  of  the  Air
Force  action  offices  to  contact  witnesses.   It  is   the   applicant’s
responsibility to obtain statements from these witnesses to  submit  with  a
claim for the Purple Heart Medal.

DPPPR states that the Purple Heart Review Board (PHRB)  has  the  authority,
on behalf of the Secretary of  the  Air  Force,  to  determine  a  veteran’s
entitlement to the PH.  For the applicant’s case  to  be  presented  to  the
PHRB, the following is required:

      1.  A detailed personal account of the circumstances  surrounding  his
injury to include specifics as to how he was injured, exact date of  injury,
unit of assignment, and rank held at the time he was injured.


      2.   Medical  documentation  to  substantiate  he   received   medical
treatment.


      3.  If possible, an eyewitness account from an individual who saw  him
being injured and can attest to the circumstances surrounding  his  personal
account.


DPPPR states that  due  to  the  applicant  not  meeting  minimum  necessary
requirements for consideration, they recommend denial  of  his  request  for
the PH.  The DPPPR evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded  to  the  applicant  on  15
July 2005, for review and comment within 30 days.  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  available
records, we found no evidence that the individual is eligible for the  award
of the Purple Heart Medal.  The applicant did not  provide  any  documentary
evidence to substantiate his claim that  he  was  wounded  in  action  as  a
direct result of enemy action, or that he was recommended for,  or  awarded,
the Purple Heart Medal.  The personal sacrifice the  applicant  endured  for
his country is noted and the recommendation to deny the requested relief  in
no way diminishes the high regard we have for  his  service.   Nevertheless,
in view  of  the  above,  we  find  no  basis  to  favorably  consider  this
application.

_________________________________________________________________

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 18 October 2005, under the provisions of AFI 36-2603:

            Ms. Charlene M. Bradley, Panel Chair
            Mr. Richard K. Hartley, Member
            Ms. Renee M. Collier, Member

The following documentary evidence was considered in connection with  AFBCMR
Docket Number BC-2005-01783:

      Exhibit A.  DD Form 149, dated 22 Oct 04, with attachments.
      Exhibit B.  Letter, AFPC/ DPPPR, dated 7 Jul 05.
      Exhibit C.  Letter, SAF/MRBR, dated 15 Jul 05.




                                                   CHARLENE M. BRADLEY
                                                   Panel Chair

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