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AF | BCMR | CY2006 | BC-2005-02895
Original file (BC-2005-02895.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02895
            INDEX CODE:

            COUNSEL:  RONALD L. JACOBS

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  24 March 2007

___________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was wounded in a mission over Europe during World War  II  and  was
never awarded the Purple Heart (PH).

In support of the appeal, applicant submits a copy of  his  separation
document, a copy of a request for military documents,  a  copy  of  US
Army SGO Hospitalization File Listing 1944, a copy of information from
the hospital admission cards created by  the  Office  of  the  Surgeon
General, Department of the Army, stating  the  applicant  was  injured
during the time that he was a passenger in an automobile  accident  in
February 1944, and two copies of a memorandum requesting correction of
military records.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s master personnel  record  (MPR)  may  have  been  lost  or
destroyed.  Based on the available documentation the  following  facts
are provided.

Applicant enlisted in the Army  Air  Force  on  31  October  1942  and
entered active duty on the  same  day.   He  performed  duties  as  an
Airplane Mechanic  Gunner.   His  highest  grade  held  was  technical
sergeant.

On 11  September  1945,  while  serving  in  the  grade  of  technical
sergeant, he was honorably discharged,  for  the  convenience  of  the
government (Demobilization).  He was credited with 2 years and 16 days
of continental service and 9 months and 25 days  of  foreign  service.
His separation document shows the following:  He participated  in  the
GO 33 WD 45 Air  Offensive  Europe,   Normandy,  and  Northern  France
battles and campaigns.  His separation  document  also  shows  he  was
entitled to the Distinguished Flying Cross, Air Medal with four Bronze
Oak Leaf Clusters, Good Conduct  Medal,  and  the  Distinguished  Unit
Badge.  It further states in  Item  34,  Wounds  Received  in  Action:
“None.”

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR states, to be awarded  the  Purple  Heart,  a  member  must
provide  a  detailed  personal  account,  eyewitness  statements,  and
medical documentation to show the wound received treatment by  medical
personnel and occurred as a direct result of enemy action.

They further state, the applicant’s case was submitted to  the  Purple
Heart Review Board (PHRB) on 12 December 2005  for  decision.   On  14
December 2005, the PHRB disapproved the applicant’s  request  for  the
PH.  Therefore, they recommend denial of the applicant’s request.

A complete copy of the evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 6 January 2006, a copy of the Air Force evaluation was forwarded to
the applicant and counsel for review and response within 30 days.   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.  In this respect,  we
note the PH is awarded for wounds received as a direct result of enemy
action that required  or  received  treatment  by  medical  personnel.
Applicant contends that he was wounded in a mission over Europe during
World War II and was never awarded the Purple Heart.   However,  after
thoroughly reviewing the evidence of record, we find no  corroborative
evidence to establish that he was treated for  wounds  received  as  a
direct result of enemy action during  a  mission  over  Europe  during
World War II.  The personal sacrifice the applicant  endured  for  his
country is noted and our decision in no way diminishes the high regard
we have for his service; however,  insufficient  documentary  evidence
has  been  presented  to  warrant  awarding  him  the  Purple   Heart.
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  this  application  in
Executive Session on 21 February 2006, under the provisions of AFI 36-
2603:

                 Mr. Richard A. Peterson, Panel Chair
                 Ms. Glenda H. Scheiner, Member
                  Mr. Patrick C. Daugherty, Member

The following documentary evidence pertaining to AFBCMR Docket BC-2005-
02895 was considered:

      Exhibit A. DD Form 149, dated 19 May 05, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPPR, dated 29 Dec 05.
      Exhibit D. Letter, SAF/MRBR, dated 6 Jan 06.




                             RICHARD A. PETERSON
                             Panel Chair

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