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AF | BCMR | CY2006 | BC-2005-03309
Original file (BC-2005-03309.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                        DOCKET  NUMBER:   BC-2005-
03309
                                             INDEX CODE: 107.00

                                             COUNSEL:  NONE

                                             HEARING DESIRED:  NO



MANDATORY CASE COMPLETION DATE:  1 MAY 2007


___________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) Medal.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He was injured when a burning P-38 plane, returning from  a  combat
mission, exploded sending a bullet into his left thigh and throwing
him approximately fifty feet.  This happened when he was manning  a
fire hose spraying the burning plane.

Applicant’s complete submission is attached at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

The member served on active duty in the Army Air Corps from 31  Aug
42 until 18 Nov 45.  His WD AGO Form  53-55,  Enlisted  Record  and
Report of Separation Honorable Discharge reflects  he  was  awarded
the American Theater of Operations Service Ribbon,  Asiatic-Pacific
Theater Service Ribbon, Philippine Liberation Ribbon, Good  Conduct
Medal, and Victory Medal.  Item  34,  Wounds  received  in  action,
reflects “none.”

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR recommends the applicant’s request be denied.  To  be
awarded the PH a member must provide documentation to  support  his
claim that the wound was a direct result of enemy action, and  must
have received medical treatment by medical personnel.

The member sustained his injury when a burning P-38 plane  exploded
sending a bullet in his left thigh and sending him through the air.
 Member was  manning  a  fire  hose  spraying  the  plane  when  it
exploded.

The member’s medical documentation states his  injury  accidentally
incurred during the explosion.

The applicant was discharged from the military on 18  Nov  45,  six
months later, Block #34 of his WD AGO  Form  53-55,  states  wounds
received in action:  NONE.

On 2 Mar 05, AFPC/DPPPR sent a letter to the applicant stating  the
requirements for the PH and provided information  for  applying  to
the Purple Heart Review Board (PHRB).  The applicant did not submit
any new documentation and has submitted  a  Congressional  Inquiry.
There is  no  evidence  in  the  applicant’s  medical  or  military
personnel records which were provided that he had been injured as a
direct result of enemy action.  His injury was  the  result  of  an
aircraft  accident  and  does  not  meet  the  criteria   of   this
prestigious award.

A complete copy of the Air Force evaluation is attached at  Exhibit
C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 10 February 2006,  a  copy  of  the  Air  Force  evaluation  was
forwarded to the applicant for review and comment within  30  days.
As of this date, no response  has  been  received  by  this  office
(Exhibit D).

___________________________________________________________________

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  thoroughly
reviewing the evidence of record, we are unpersuaded the  requested
relief should be granted.  The  applicant’s  contentions  are  duly
noted; however,  we  do  not  find  these  assertions,  in  and  by
themselves,  sufficiently  persuasive  to  override  the  rationale
provided by the Air Force.  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-
03309 in Executive Session on 14 March 2006, under  the  provisions
of AFI 36-2603:

      Mr. Richard A. Peterson, Panel Chair
      Ms. Janet I. Hassan, Member
      Mr. Richard K. Hartley, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 13 Oct 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, undated.
    Exhibit D.  Letter, SAF/MRBR, dated 10 Feb 06.




                                   RICHARD A. PETERSON
                                   Panel Chair

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