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AF | BCMR | CY2006 | BC-2006-01988
Original file (BC-2006-01988.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-01988
                       INDEX CODE:  107.00
                       COUNSEL:  NONE

                       HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  2 JANUARY 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

While abroad a ship, waiting for boats to take them  off,  the  Harbor
was bombed.  He tried to get into the bottom of the ship but the doors
were closed.  He laid on top of the Liberty ship and the impact of the
bomb landing near the ship injured his ears.  He did not say  anything
for fear he would be sent home.

In  support  of  his  application,  applicant  provided  a  statement,
Honorable Discharge Certificate and a photograph.

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  Air
Corps (AC) of the Army of the United States (AUS) from 14 January 1942
through 29 October 1945.

The servicemember’s WD  AGO  53-55,  Enlisted  Record  and  Report  of
Separation Honorable  Discharge  reflects  he  was  awarded  the  Good
Conduct Medal (GCM) American Theater  Ribbon,  European-African-Middle
Eastern Theater Ribbon with two Bronze Battle  Stars,  three  Overseas
Bars, one Service Stripe.

Block 34, Wounds Received in Action on the separation report  reflects
none.

On 29 August  2006,  a  DD  Form  215,  Correction  to  DD  Form  214,
Certificate of Release or Discharge From Active Duty was issued adding
the World War II Victory Medal to the applicant’s records.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR recommends the requested relief be denied.  DPPPR states
after reviewing the applicant’s military record no evidence was  found
to indicating the applicant was awarded or entitled the PH.

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  provided  a
statement attesting to a friend of his receiving the PH for a sprained
ankle and provided a news article stating another  gentleman  received
the PH for a broken wrist (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  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.   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 4 October 2006, under the provisions of AFI 36-2603:

                       Mr. Christopher D. Carey, Panel Chair
                       Mr. Steven A. Cantrell, Member
                       Ms. Renee M. Collier, Member

The following documentary evidence pertaining to AFBCMR Docket  Number
BC-2006-01988 was considered:

      Exhibit A. DD Form 149, dated 24 Jun 06, w/atchs.
      Exhibit B. Available Military Personnel Records.
      Exhibit C. Letter, HQ AFPC/DPPPR, 10 Aug 06.
      Exhibit D. Letter, SAF/MRBR, dated 1 Sep 06.
      Exhibit E. Letter, Applicant, undated.




                             CHRISTOPHER D. CAREY
                             Panel Chair

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