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AF | BCMR | CY2006 | BC-2005-03832
Original file (BC-2005-03832.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-03832
            INDEX CODE:  107.00
      XXXXXXXXXXXXXXXXXXX    COUNSEL:  NOT INDICATED

      XXXXXXXXXXXXXXXXXXX    HEARING DESIRED:  NOT INDICATED

MANDATORY CASE COMPLETION DATE:  18 JUN 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her deceased husband's records be corrected to show he was awarded the
Purple Heart (PH) Medal.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Her husband sustained injuries on 20 October 1944  on  the  Island  of
Leyte in the Philippines.

In support of her  request,  the  applicant  submits  a  copy  of  her
husband’s Certificate of Death,  a  personal  statement,  a  Radiology
Report, a copy of pictures from her husband’s  memoirs.  WD  AGO  Form
100, Army of the United States Separation Qualification Record, WD AGO
Form 53-55, Report of Separation Honorable Discharge and WD  AGO  Form
38, Prior to Discharge, Release from Active Duty or Retirement.

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

_________________________________________________________________

STATEMENT OF FACTS:

The former member’s military personnel records were destroyed by  fire
in 1973.  The available records reflect he enlisted in  the  Army  Air
Corp on 20 May 1943 and was released from active  duty  on  27 January
1946.

His DD Form 214, Certificate of Release or Discharge from Active Duty,
reflects an honorable discharge, and an overseas tour in the  Southern
Philippines.  He earned the World War II Victory Medal, the Philippine
Liberation Ribbon, w/2 Bronze  Stars,  Good  Conduct  Medal,  American
Campaign Medal, the Asiatic-Pacific Campaign Medal, and  the  American
Campaign Medal.

On 30 January 2006, the  applicant’s  request  was  forwarded  to  the
Purple Heart Review Board (PHRB).  The PHRB determined  the  applicant
did not have sufficient medical documentation to approve the PH.

_________________________________________________________________

AIR FORCE EVALUATION:

The AFPC/DPPPR recommends denial.  DPPPR states to be awarded the  PH,
a member must provide documentation to support he  was  wounded  as  a
direct result of enemy action and must have received medical treatment
by medical personnel.  In addition, it is  necessary  that  the  wound
required or received medical treatment by medical personnel.  Indirect
injuries do not meet Purple Heart criteria.  Indirect injuries include
rocket attacks, aircraft bombings,  grenades,  and  injuries  incurred
while serving as an aircraft member or in  a  passenger  status  as  a
result of the aircraft’s evasive measures against hostile fire.

According to DPPPR the only supporting documentation of injuries was a
radiology report 20 years after the fact.

The DPPPR evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
10 Feb 06, for review and comment within 30 days.  As  of  this  date,
this office has received no response.

_________________________________________________________________

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 a thorough review  of  the
former member’s  wife’s  submission  and  the  available  evidence  of
record, we are not persuaded that he should be awarded the  PH  Medal.
There was no evidence presented, which would lead us to  believe  that
he was medically treated for any wounds incurred as a direct result of
enemy fire.  We are not unmindful or unappreciative of his service  to
his Nation.  Should supporting documentation be secured or a notarized
account from an individual who eye witnessed his injuries be obtained,
we would be willing to reconsider this application.  The two web sites
at www.afpc.randolph.af.mil/awards/ and www.au.af.mil/au/afhra/ may be
useful to help secure  evidence  to  support  this  case.   Otherwise,
without persuasive evidence that he was wounded as a direct result  of
enemy action,  we  find  no  compelling  basis  to  warrant  favorable
consideration of this application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of a 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 no considered with this application.

_________________________________________________________________

The following members of the Board considered Docket  Number  BC-2005-
03832 in Executive Session on 19 April 2006, under the  provisions  of
AFI 36-2603:

                 Ms. Charlene M. Bradley, Panel Chair
                 Ms. Jan Mulligan, Member
                 Mr. Michael J. Novel, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 30 Dec 05, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPPR, dated 31 Jan 06.
      Exhibit D. Letter, SAF/MRBR, dated 10 Feb 06.




      CHARLENE M. BRADLEY
      Panel Chair

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