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AF | BCMR | CY2006 | BC-2006-01741
Original file (BC-2006-01741.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-01741
            INDEX CODE:  107.00

            COUNSEL:

            HEARING DESIRED: NO



_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart Medal (PHM).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was injured when the troop carrier ship he  was  on  (SS  Cape  San
Juan), was torpedoed and sunk.  He spent 36 hours in the  water  after
abandoning ship until another ship  picked  them  up.   Everyone  else
received the PHM and he feels he should have too.

In support of his appeal, the applicant has provided two letters  from
the Army BCMR transferring his case to the AFBCMR as he was in the  US
Army Air Corps.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Army Air Corps  on  15  February  1943.   On
11 November 1943, while on a troop carrier bound  for  Australia,  his
ship was torpedoed. The crew and other military personnel were ordered
to abandon ship.  The ship sunk the next  day.   After  being  in  the
water for 32 hours he was rescued by  another  ship.   On  17 December
1944, he was found unfit for further duty as he suffered  from  “Other
disorders of musculo-skeletal system: Arthralgia,  chronic,  moderate,
sacro-iliac joint, right; onset following submersion  for  32  hours.”
On 12 May 1945, he was honorably discharged in the  grade  of  Private
First Class (PFC) after having served for over two years.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial.  DPPPR states applicant’s Veteran’s Exam
dated 25 April 1951 indicates on 11 November 1943 he jumped  over  the
side of a torpedoed ship but suffered no  injury.   Another  Veteran’s
Exam dated 7 September 1999 indicates his ship was  torpedoed  and  he
was struck on the right hip by a life raft during evacuation from  the
ship.  DPPPR notes the PHM is awarded for wounds or death as a  result
of an act of any opposing Armed Force, as a result of an international
terrorist attack or as a result of military operations  while  serving
as part of a peacekeeping force.  The PHM Review Board disapproved his
request for award of the  PHM  on  27  June  2006.   Therefore,  DPPPR
recommends disapproval of his request.

DPPPR’s complete 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
14 July 2006 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 timely filed.

3.  Insufficient relevant evidence has been presented  to  demonstrate
the existence of error or injustice that would indicate he  should  be
awarded the Purple Heart.  We took notice of the applicant's  complete
submission in judging the merits of the case;  however,  evidence  has
not been presented which would lead us to believe  that  his  injuries
were incurred as a direct result of enemy fire.  Therefore,  we  agree
with the opinion and recommendation of the Air Force office of primary
responsibility and adopt its rationale as the basis for our conclusion
that the applicant has not been the victim of an error  or  injustice.
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 AFBCMR Docket Number BC-
2006-01741 in  Executive  Session  on  6  September  2006,  under  the
provisions of AFI 36-2603:

      Mr. Thomas S. Markiewicz, Chair
      Ms. Patricia J. Zarodkiewicz, Member
      Ms. Dorothy P. Loeb, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 4 Nov 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated, 28 Jun 06.
    Exhibit D.  Letter, SAF/MRBR, dated 14 Jul 06.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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