RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2006-02262
                                             INDEX CODE:  100.00
                                             COUNSEL:  RICHARD W. KNECHT

                                             HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  29 JAN 2008


________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH).

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APPLICANT CONTENDS THAT:

He should receive the PH for wounds received  as  a  result  of  enemy  fire
during World War II.

In support of the appeal, applicant submits a letter  from  his  congressman
extracts from his military  personnel  records,  a  Newspaper  Article,  and
extracts from the 381st Bomb Group’s War Diary for March 1945.

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant’s records were destroyed by  fire  in  1972  at  the  National
Personnel Records Center.  Therefore, the  following  information  has  been
extracted from the documentation provided by the applicant,  copies  of  his
service medical records provided  by  the  Department  of  Veterans  Affairs
(DVA), and his reconstructed military master personnel records.

Applicant is a former member of the Army Air  Corps  who  served  on  active
duty from 16 January 1943 through 12 September 1945.  During this period  he
was assigned to the European Theatre of Operation from 28 November  1944  to
8 June 1945, as a B-17  Flying  Fortress  airplane  mechanic/aerial  gunner,
participating in the Rhineland, Ardennes, and  Central  Europe  battles  and
campaigns.

A Medical Record Entry, dated 16 March 1945,  indicates  the  applicant  was
treated for a wound, i.e., mild laceration to right  forehead,  accidentally
incurred  in  crash  landing  on  15 March  1945,  when  returning  from  an
operational mission.

A Report of Physical Examination of Enlisted Personnel Prior  to  Discharge,
Release from Active Duty or Retirement, dated 11 September  1945,  indicates
that  in  March  1945  he  was  wounded  during  a  B-17  crash  landing  at
Woodbridge, England, incurring a laceration above the right eye.

In accordance with Army Regulation 600-45, dated 22 September  1943,  during
the period in question, the PH was awarded for  wounds  received  in  action
against the enemy or as a direct result of an act of  such  enemy,  provided
the wound necessitated treatment by medical personnel.  For the  purpose  of
awarding the PH, a wound was defined as an injury to any part  of  the  body
from an outside force, element, or  agent  sustained  as  the  result  of  a
hostile act of the enemy or while in action in the face of the  enemy.   The
term element referred to weather and permitted award to  personnel  severely
frostbitten while actually engaged in combat;  however,  trench  foot  would
not be considered meriting award of the PH.

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends the application be denied and states, in part, the  PH
is awarded for wounds received as a direct result of  enemy  actions  (e.g.,
gunshot or shrapnel wounds,  hand-to-hand  combat  wounds,  forced  aircraft
bail out injuries, etc.).  In addition,  it  is  necessary  that  the  wound
required and received medical or received treatment  by  medical  personnel.
Indirect injuries do not meet the criteria  for  award  of  the  PH.   These
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
because of the  aircraft’s  evasive  measures  against  hostile  fire.   The
Purple Heart Review Board (PHRB), on behalf of  the  Secretary  of  the  Air
Force, has the authority to determine a veteran’s  entitlement  to  the  PH.
However, in order to present a case to the PHRB a detailed personal  account
of the  circumstances  surrounding  the  injury,  medical  documentation  to
substantiating medical treatment was received, an  eyewitness  account  from
an individual that saw the individual injured, are required.   Although  the
applicant has provided a newspaper clipping and on-line history reports,  he
does not provide official military documents to verify  his  entitlement  to
the PH, nor has  he  provided  the  required  documentation  to  submit  his
request to the PHRB for consideration.

The AFPC/DPPPR evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation  was  forwarded  to  the  applicant  on  1
September 2006, for review and comment, within  30  days.   However,  as  of
this date, no response has been received by this office.

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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
applicant’s submission and the available evidence  of  record,  we  are  not
persuaded that he should be awarded the  Purple  Heart  Medal.   The  PH  is
awarded for injuries received as a  direct  result  of  enemy  action.   The
evidence of record shows that the  applicant  was  injured  in  an  aircraft
accident during a crash landing from an operational mission  and  not  as  a
result of enemy action.  Therefore, we find no compelling basis  to  warrant
favorable consideration of 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  Docket  Number  BC-2006-02262
in Executive Session on 16 October 2006, under the  provisions  of  AFI  36-
2603:

                       Mr. Michael J. Maglio, Panel Chair
                       Ms. Janet I. Hassan, Member
                       Ms. Rita S. Looney, Member




The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 16 Apr 06, w/atchs.
    Exhibit B.  Applicant's Available Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 17 Aug 06.
    Exhibit D.  Letter, SAF/MRBR, dated 1 Sep 06.




                                   MICHAEL J. MAGLIO
                                   Panel Chair