RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-03408
                       INDEX CODE:  107.00
                       COUNSEL:  DISABLED AMERICAN
                                     LEGION

                       HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  11 MAY 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her husband’s records be corrected  to  reflect  he  was  awarded  the
Purple Heart (PH).
_________________________________________________________________

APPLICANT CONTENDS THAT:

The glider her husband was in either crashed or was  struck  by  enemy
fire.  He was left  unconscious  and  incurred  severe  leg  and  knee
injuries.

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

_________________________________________________________________

STATEMENT OF FACTS:

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

The available records reflect the applicant enlisted in  the  Army  of
the United States on 15 January 1942 as a private.

The applicant’s medical records  reflect  he  received  a  variety  of
treatment for a left knee injury he received in 1941 prior to entering
active duty and was cleared for return to duty.

His records reflect he was awarded the Distinguished Unit  Badge  with
Overseas Bars,  World  War  II  Victory  Medal,  Good  Conduct  Medal,
European African Middle  Eastern  Theater  Ribbon,  and  the  American
Theater Ribbon.

The applicant’s WD AGO Form  53-33,  Enlisted  Record  and  Report  of
Separation Honorable Discharge, Item 34 reflects the applicant did not
receive any wounds while in action.

On 14 December 1945, the applicant was  honorably  discharged  in  the
grade of staff sergeant.  He served 2 years and 11  months  of  active
duty service.

A Department of Veterans Affairs rating decision dated 19 August  1998
reflects the applicant is receiving  a  combined  70  percent  service
connected disability rating for post left knee replacement  and  right
knee degenerative joint disease.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR recommends the applicant’s request for her husband to be
awarded the PH be denied.  They state the PH  is  awarded  for  wounds
received as a direct result of enemy  action,  such  as,  gunshot,  or
shrapnel wound, hand-to-hand combat wounds, forced aircraft  bail  out
injuries, etc.  In addition the wounds must have received treatment by
medical personnel.  Indirect injuries do not  meet  the  criteria  for
award of the PH.  These injuries include,  but  are  not  limited  to,
injuries received while 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.

HQ AFPC/DPPPR further states on 18  January  2006,  the  Purple  Heart
Review Board (PHRB) reviewed and recommended the  applicant’s  request
for PH be denied.

They further state the applicant stated the glider either  crashed  or
was stuck by enemy fire.  No eyewitness statements  were  provided  to
verify the cause of the crash.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant  and
counsel on 27 January 2006, 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 an error or an injustice.   We  took  notice  of  the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the opinion and the recommendation of  the  Air
Force and adopt its rationale as the basis for our conclusion that the
servicemember has not been the victim of an  error  or  an  injustice.
The documentation provided by the applicant and the  limited  military
records of the servicemember do not substantiate he had an injury that
met the criteria for award of the PH.  Nor has the  applicant  or  the
servicemember provided any evidence to substantiate  the  request  for
award of the PH, such as an eyewitness statement verifying  the  cause
of the crash.  Unfortunately, indirect injuries, such as being injured
while serving as an aircrew member or in a passenger status  while  an
aircraft was trying to evade hostile fire, do not  meet  the  criteria
for  award  of  the  PH.   Although  the  servicemember  is  receiving
disability from the VA for a service-connected condition, his  medical
records indicate he had received medical treatment for a  knee  injury
that existed  prior  to  entering  active  duty.   While  we  are  not
unmindful or unappreciative of the applicant’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  this  application  in  Executive
Session on 23 March 2006, under the provisions of AFI 36-2603:

                       Mr. Michael J. Maglio, Panel Chair
                       Ms. Jan Mulligan, Member
                       Mr. Michael J. Novel, Member

The following documentary evidence pertaining to AFBCMR Docket  Number
BC-2005-03408 was considered:

      Exhibit A. DD Form 149, dated 2 Nov 05, w/atchs.
      Exhibit B. Available Military Personnel Records.
      Exhibit C. Letter, HQ AFPC/DPPPR, undated.
      Exhibit D. Letter, SAF/MRBR, dated 27 Jan 06.




                             MICHAEL J. MAGLIO
                             Panel Chair