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AF | BCMR | CY2005 | BC-2005-02616
Original file (BC-2005-02616.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02616
            INDEX CODE:  107.00

            COUNSEL:  NONE

                                           HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  22 FEB 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

The applicant requests that his late father’s records be corrected  to
reflect award of the Purple Heart (PH) Medal and a Bronze Service Star
(BSS) for the Asiatic Pacific Campaign Medal.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His father should have been awarded the PH for a left hand  injury  he
sustained while assigned to the  505th  Air  Service  Squadron  during
World War II.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s military records were destroyed in the 1973  fire  at  the
National Personnel Records Center (NPRC).

The available records revealed the servicemember served on active duty
from 19 March 1943 - 27 October 1945.

A printed document from The Office of the Surgeon General,  Department
of  the  Army  (1942  –  1945)  and  (1950  -  1954),  indicates   the
servicemember was admitted in the hospital for an injury to  his  left
hand during a work detail.  His injury was determined  to  be  a  non-
battle injury.

The servicemember was honorably discharged on 27 October 1945  in  the
grade of sergeant.  He served two years, seven months, and eight  days
of active duty service.

The servicemember’s eligibility for the  BSS  to  the  Asiatic-Pacific
Campaign Medal for his participation in the India Burma  Campaign  has
been verified and a DD Form 215 will issued to  add  the  BSS  to  his
records.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ  AFPC/DPPPR  states  the  applicant  has  not  provided  sufficient
documentation or information  to  show  that  the  injury  his  father
received was as a direct result of enemy action.   Indirect  injuries,
such as seeking  shelter  from  mortar  or  rocket  attacks,  aircraft
bombings, grenades, and injuries incurred while serving as an  aircrew
member or in a passenger status as a result of the aircraft’s  evasive
measures against hostile fire, do not meet the criteria for  award  of
the PH.  The servicemember’s records reflect he was injured  during  a
work  detail.   Therefore,  based  on  the  evidence  provided   DPPPR
recommends the applicant’s request for award of the PH be denied.

A complete copy of the 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  on
30 September 2005, for review and  response.   As  of  this  date,  no
response has been received by this office.

_________________________________________________________________

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   note   of   the
documentation the applicant provided in support of his request for his
father  to  be  awarded  the  PH.   As  stated,  the   servicemember’s
eligibility has been verified for the BSS and his  records  have  been
administratively corrected awarding him the BSS to the Asiatic-Pacific
Campaign  Medal.   Accordingly,  the  only  issue  before  this  Board
pertains to applicant’s request for the PH.  We are not persuaded  the
information provided by the applicant and the servicemember’s  records
substantiate the servicemember had an injury that met the criteria for
award of the PH.  The servicemember was injured during a work  detail.
While we are not unmindful or unappreciative  of  the  servicemember’s
service to his Nation, in the absence of evidence  substantiating  the
servicemember was injured as a direct result of enemy action, we  find
no compelling basis to recommend granting the relief  sought  in  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 AFBCMR Docket Number BC-
2005-02616  in  Executive  Session  on  15  November  2005  under  the
provisions of AFI 36-2603:

                       Mr. Richard A. Peterson, Panel Chair
                       Ms. Janet I. Hassan, Member
                       Ms. Jean A. Reynolds, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 3 Dec 04, w/atchs.
      Exhibit B. Avaialble Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPPR, dated 20 Sep 05.
      Exhibit D. Letter, SAF/MRBR, dated 30 Sep 05.




                             RICHARD A. PETERSON
                             Panel Chair

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