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AF | BCMR | CY2006 | BC-2006-01167
Original file (BC-2006-01167.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-01167
                       INDEX CODE:  107.00
                       COUNSEL:  NONE

                       HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  20 OCTOBER 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect award of the Purple Heart (PH) and
compensation.

_________________________________________________________________

APPLICANT CONTENDS THAT:

During a combat mission a piece of shrapnel hit his ankle and  knocked
out his heated flying suit and as a result his leg froze.

In support of his application, applicant provided copies of  documents
from his personnel records, news articles, a letter to Senator Kennedy
and Department of Veterans Affairs (DVA) decision letter.

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

_________________________________________________________________

STATEMENT OF FACTS:

The servicemember’s records reflect he served on active  duty  in  the
Army  of  the  United  States  (AUS)  from  23  October  1942  through
4 September 1945.

The servicemember’s WG  AGO  53-55,  Enlisted  Record  and  Report  of
Separation Honorable Discharge reflects he was awarded the  Air  Medal
with five Oak Leaf Clusters (AM w/5 OLCs) and the Good  Conduct  Medal
(GCM).

The applicant is receiving a 10 percent disability rating from DVA for
service connected disability for residuals of frostbite of  the  right
lower extremity.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR recommends the requested relief be denied.  DPPPR states
the PH is awarded for wounds received as  a  direct  result  of  enemy
actions (i.e., gunshot or shrapnel wounds, hand-to-hand combat wounds,
forced aircraft bail out injuries, etc.)  In addition, it is necessary
that  the  wound  have  required  or  received  treatment  by  medical
personnel.  Indirect injuries do not meet the criteria  for  award  of
the PH.

DPPPR further states an eyewitness statement was not provided to  help
validate  the  applicant’s  request  for  the   PH.    There   is   no
documentation in the applicant records to substantiate the applicant’s
injury was a result of enemy action.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and  states  he  never
submitted a document that listed the injury as non-battle.

There are no eyewitnesses available because when he was released  from
the hospital, he reported to the Flight Surgeon, because his crew  was
flying out the next day.  The Flight Surgeon told him to stay grounded
for a little while.  The next day his crew was  shot  down,  six  went
down with the plan; one died in prison camp and since then the  others
have passed on (Exhibit E).

_________________________________________________________________

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 do not substantiate he had an injury that met the criteria for
award of the PH; nor has he provided any evidence to substantiate  the
request  for  award  of  the  PH,  such  as  an  eyewitness  statement
validating the incident relating to the injuries.  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 14 September 2006, under the provisions of AFI 36-2603:

                       Mr. Wayne R. Gracie, Panel Chair
                       Ms. Patricia R. Collins, Member
                       Mr. Reginald P. Howard, Member

The following documentary evidence pertaining to AFBCMR Docket  Number
BC-2006-01167 was considered:

      Exhibit A. DD Form 149, dated 9 Apr 06, w/atchs.
      Exhibit B. Available Military Personnel Records.
      Exhibit C. Letter, HQ AFPC/DPPPR, 21 Jun 06.
      Exhibit D. Letter, SAF/MRBR, dated 30 Jun 06.
      Exhibit E. Letter, Applicant, dated 7 Jul 06, w/atchs.




                             WAYNE R. GRACIE
                             Panel Chair

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