RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2005-02041
                                             INDEX CODE:  100.00
      XXXXXXX                           COUNSEL:  NONE

                                             HEARING DESIRED:  No


MANDATORY CASE COMPLETION DATE:  1 January 2007


________________________________________________________________

APPLICANT REQUESTS THAT:

1.  He be awarded the Purple Heart (PH).

2.  His records be examined to determine his eligibility  for  other  awards
such as the Combat Infantryman Badge (CIB) and the Bronze Star.

________________________________________________________________

APPLICANT CONTENDS THAT:

He should be awarded the PH for wounds he  received  while  trying  to  save
victims of a B-24 aircraft crash and a bomb aboard the aircraft exploded.

In support of the appeal,  applicant  submits  extracts  from  his  military
records and Veterans Administration (VA) records, to include  a  physician’s
letter, dated 10 February 1950, indicating that  he  treated  the  applicant
for shock following an airplane accident.

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

________________________________________________________________

STATEMENT OF FACTS:

Applicant is a former member of the Army Air Corps,  who  served  on  active
duty during the period 8 February 1943 through 16 October 1945, as  a  power
turret and gun sight specialist.

The Purple Heart Review  Board  (PHRB)  considered  and  denied  applicant’s
request for the PH on 9 August 2005.

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.) that required  or  received  treatment  by
medical personnel.

The  Bronze  Star  Medal  (BSM)  is  awarded  for  heroic   or   meritorious
achievement or service not involving  participation  in  aerial  flight,  in
connection with military operations against an enemy of the United States.

The Combat Infantryman Badge  (CIB)  is  awarded  to  soldiers,  i.e.,  Army
infantry or Special Forces officers, who are an  infantryman  satisfactorily
performing infantry duties, are assigned to an  infantry  unit  during  such
time  as  the  unit  is  engaged  in  active  ground  combat,  and  actively
participate in such ground combat.  Personnel with other  than  an  infantry
or Special Forces Military Operational Specialty  (MOS)  are  not  eligible,
regardless of the circumstances.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPRA recommends the application be denied, and states, in part,  that
applicant did not submit a detailed personal account of  the  incident.   In
addition, he did not indicate if the injury  was  from  the  airplane  being
attacked by enemy fire, or if the explosion  was  the  result  of  an  enemy
attack.   Further,  applicant  did  not  provide  an  eyewitness  statement.
Although his records were partially destroyed in the fire  at  the  National
Personnel Records Center (NPRC), Box 34, Wounds Received in Action,  of  his
Report of Separation indicates “none.”

The AFPC/DPPPRA evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was  forwarded  to  the  applicant  on  26
August 2005, for review and comment, within 30  days.   On  5 October  2005,
his application was temporarily closed,  without  prejudice,  in  accordance
with his request.  In a letter, dated 9 January  2006,  applicant  requested
his application be reopened and provided the following comments.

He was injured on 13 July 1944, while attempting to  rescue  victims  of  an
aircraft crash at Halesworth, England.  On that date, he was asked to  drive
and assist an officer from the Base Armament Headquarters to inspect a  B-24
returning from a mission  with  armament  problems.   They  arrived  at  the
runway before the  aircraft  landed  and  when  it  touched-down  the  major
requested that they start after the aircraft.  He saw the  aircraft  attempt
to lift-off again; however, it swung to the right and crashed into a  trench
and tree.  By the time they reached the aircraft it  was  on  fire  and  the
ammunition was going off.  He was running towards the crash site  and  there
was an explosion, at which time he was hit on his head,  back,  neck,  legs,
and arms.  He was driven to the base hospital and a bandage  placed  on  his
head.

In further support of the appeal, applicant submits statements  from  former
members of his bomb group, and an account of  the  crash  from  the  group’s
official history.

Applicant’s complete response, with attachments, is at Exhibit I.

________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial of applicant’s request  for  the  CIB  and  BS.
AFPC/DPPPR  states,  in  part  that   applicant   had   not   provided   any
documentation to reflect that he was awarded  either  the  CIB  or  the  BS.
However, they were  able  to  determine  his  entitlement  to  the  American
Campaign Medal, the European-African-Middle  Eastern  Campaign  Medal,  with
three Bronze Service Stars, and the World War II Victory Medal.

The AFPC/DPPPR evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

A complete copy of the evaluation was forwarded to the applicant on  19  May
2006, for review and comment, within 30 days.  However, 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 probable error or injustice.  After  thoroughly  reviewing  the
evidence of record, we are not persuaded the wounds applicant received  meet
the criteria for award of the Purple Heart (PH).  In this respect,  we  note
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.) that required  or  received  treatment  by
medical  personnel.   In  the  applicant’s  case,  the  evidence  before  us
indicates that he was wounded while responding to  a  B-24  aircraft  crash,
rather than as a direct result of enemy action.  The personal sacrifice  the
applicant has endured for his country is noted and our  decision  should  in
no way lessen his service to his country or his  actions  on  13 July  1944;
however, insufficient documentary evidence has been presented  to  establish
that he was wounded as a  direct  result  of  enemy  action.   Further,  the
applicant has not provided any evidence to indicate that he was  recommended
for, or awarded the BSM and CIB.   In  this  regard,  we  note  the  BSM  is
awarded for heroic or  meritorious  achievement  or  service  not  involving
participation in aerial flight, and the CIB is awarded to infantry  soldiers
who actively participated in  ground  combat.   The  applicant  provides  no
explanation as to what  achievement  or  service  he  completed  to  warrant
awarding the BSM.  Additionally, we find no evidence he was  every  assigned
as  an  infantry  soldier  -  an  eligibility  prerequisite  for  the   CIB.
Therefore,  in  the  absence  of  evidence  to  the  contrary,  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  Docket  Number  BC-2005-02041
in Executive Session on 27 June 2006, under the provisions of AFI 36-2603:

                       Mr. Charles E. Bennett, Panel Chair
                       Mr. Richard K. Hartley, Member
                       Ms. Josephine L. Davis, Member

The following documentary evidence concerning  Docket  Number  BC-2005-02041
was considered:

    Exhibit A.  DD Form 149, dated 14 Apr 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memo, AFPC/DPPPRA, dated 16 Aug 05.
    Exhibit D.  Letter, SAF/MRBR, dated 26 Aug 05.
    Exhibit E.  Letter, Applicant, dated 7 Sep 05, w/atchs.
    Exhibit F.  Letter, Applicant, dated 19 Sep 05, w/atchs.
    Exhibit G.  Letter, AFBCMR, dated 5 Oct 05.
    Exhibit H.  Letter, Applicant, dated 18 Oct 05.
    Exhibit I.  Letter, Applicant, dated 9 Jan 06, w/atchs.
    Exhibit J.  Letter, AFBCMR, dated 8 Feb 06.
    Exhibit K.  Memo, AFPC/DPPPR, dated 28 Feb 06, w/atchs.
    Exhibit L.  Letter, SAF/MRBR, dated 19 May 06.




                                   CHARLES E. BENNETT
                                   Panel Chair