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AF | BCMR | CY2006 | BC-2005-01804
Original file (BC-2005-01804.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01804
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY COMPLETION DATE:  10 OCTOBER 2006

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was wounded in action when he was shot down during  combat  and  has  not
received his PH award.  The pilot of the aircraft  was  injured,  the  belly
gunner was killed, and he sustained burns to both arms trying  to  save  the
gunner.

In support of his request the applicant submits a  copy  of  his  separation
document and a letter from  the  Director,  Army  Board  for  Correction  of
Military Records.  The applicant's complete  submission,  with  attachments,
is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The National Personnel Records Center, St Louis, MO, was  unable  to  locate
the applicant’s military  personnel  records  and  attempts  to  secure  the
applicant’s DVA records were unsuccessful.  As a result,  the  following  is
the only known information pertaining to the  applicant’s  service  and  was
extracted  from  the  partially  reconstructed  record  and  from  documents
provided by the applicant.

The applicant enlisted in the Army of the United  States  Air  Corps  on  23
September 1942 at the age of  20.   His  separation  document  indicates  he
performed duties as an Airplane Maintenance Technician.  He was assigned  to
duties in the Asiatic-Pacific Theater from 14 December 1944 to 23  September
1945.  He participated in the New Guinea,  South  Philippines  (Liberation),
and Air  Combat  Borne  battles  and  campaigns.   His  separation  document
reflects he was awarded  the  World  War  II  Victory  Medal,  the  American
Theater Ribbon, the Asiatic-Pacific Theater Ribbon  with  (3)  Three  Bronze
Stars, and the Philippine Liberation Good Conduct Medal.  He  was  honorably
discharged in the grade of technical sergeant on 18 December 1945.   He  was
credited with 2 years and 4 months of continental  service,  and  10  months
and 26 days of foreign service.  His separation  document  indicates  wounds
received in action as “None.”

_________________________________________________________________

NO AIR FORCE EVALUATION.

_________________________________________________________________

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  an  injury
sustained when he was shot down during combat.  After a thorough  review  of
his  submission  and  the  supporting  documentation  he   provided,   these
documents do not persuade us that he should  be  awarded  the  Purple  Heart
Medal.  There is no evidence that the wound he alleges he  sustained  was  a
direct result of enemy action.  In addition, the applicant did  not  provide
any current medical evidence of scarring or other residuals of the  asserted
injury that lead us to believe that he had  an  injury  that  warranted  the
award of the Purple Heart Medal.  However, should the applicant provide  the
above information or testimony from other former members  of  his  unit  who
were with him at that time and can  account  for  his  injury,  he  may,  of
course, submit another request and the Board will review this new  evidence.
 While we appreciate and honor the applicant’s service to  his  country,  in
view of the above the applicant’s request is not favorably considered.

________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of probable 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-2005-01804
in Executive Session in Executive Session on 31 January 2006, under the
provisions of AFI 36-2603:


      Ms. Charlene M. Bradley, Panel Chair
      Mr. Charlie E. Williams Jr., Member
      Mr. Vance E. Lineberger, Member

The following documentary evidence was considered:

      Exhibit A.  DD Form 149, dated 6 Jun 04, with attachments.
      Exhibit B.  Applicant’s Master Personnel Records.





      CHARLENE M. BRADLEY
      Panel Chair

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