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AF | BCMR | CY2006 | BC-2006-02908
Original file (BC-2006-02908.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

      IN THE MATTER OF:            DOCKET NUMBER:  BC-2006-02908
            INDEX CODE:  107.00
      XXXXXXX                     COUNSEL:  NONE

                                  HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: 27 MARCH 2008

_______________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) Medal and the Air Medal (AM).

_______________________________________________________________

APPLICANT CONTENDS THAT:

He was injured on 20 October 1944 as a result of a forced aircraft  bailout
while executing a  military  mission.   Consequently,  he  believes  he  is
entitled to be awarded the PH.  He also states he completed 50  percent  of
his missions which was the criteria for the award of the AM at that time.

In support of his request, the applicant provided  a  personal  letter,  an
excerpt  from  the  Annual  Pictorial  Magazine  on  the   Flying   Tigers,
information from the hospital admissions card data files  and  WD  Form  No
371, Final Payment Roll.

The complete submission, with attachments, is at Exhibit A.

_______________________________________________________________

STATEMENT OF FACTS:

The former member enlisted in the Air Corps on 28 October 1942.

He was discharged with an honorable discharge on 9 October 1945.  He had  2
years, 11 months and 12 days of total active service.

_______________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends the request be denied.  DPPPR states that in order to
be awarded the PH, the applicant must provide documentation to support that
his wounds were a direct result of enemy action and the wounds required  or
received medical treatment by medical personnel.  DPPPR states the aircraft
he was on crashed because of bad weather on take  off  in  China  while  en
route to target and the applicant was forced to bailout which resulted in a
partially-united fracture.  There is no indication the aircraft encountered
enemy action.  In addition, DPPPR provided a copy of the current procedures
for processing a recommendation package for the award of the AM.

The complete DPPPR evaluation with attachments is at Exhibit C.

_______________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded  to  the  applicant  on  1
December 2006 for review and comment within 30 days.  As of this date, this
office has received no response (Exhibit D).

_______________________________________________________________

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  available
evidence  and  the  applicant’s  complete  submission,  the  Board  is  not
persuaded that his records should be corrected to show he was  awarded  the
AM or the Purple Heart (PH). The  Board  took  notice  of  the  applicant’s
complete submission in judging the merits of this case.  However, the board
was not persuaded by the available records that his injuries were a  direct
result of enemy action therefore the board recomeds denial of the  PH.   In
addition, applicant contends that he completed the prerequisite  number  of
aerial missions and should have been  awarded  the  AM.   The  board  notes
however, that during the period in question participation in  a  particular
number of aerial missions in itself,  was  insufficient  justification  for
award of the AM.  Award of the AM required the accompaniment of meritorious
service or  service  accomplished  distinctively,  above  and  beyond  that
expected of professional airman and a  recommendation  by  the  appropriate
official.  Finding no evidence of such,  the  board  is  not  compelled  to
recommend  award  of  the  AM  either.   The  board  is  not  unmindful  or
unappreciative of his service to his Nation.  Should he  secure  supporting
documentation, the board would be willing to  reconsider  his  application.
Therefore, in the absence of persuasive evidence to the contrary, the board
finds no  compelling  basis  to  warrant  favorable  consideration  of  his
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 AFBCMR Docket Number  BC-2006-
02908 in Executive Session on 10 January 2007, under the provisions  of  AFI
36-2603:

                 Mr. James W. Russell III, Panel Chair
                 Ms. Barbara R. Murray, Member
                 Mr. Reginald P. Howard, Member


The following documentary evidence pertaining  to  Docket  Number  BC-2006-
02908 was considered:


      Exhibit A. DD Form 149, dated 19 September 2006, w/atchs.
      Exhibit B. Letter, AFPC/DPPPR, dated 23 October 2006
      Exhibit C. Letter, Applicant, dated 1 December 2006




      JAMES W. RUSSELL III
      Panel Chair
                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC



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Office of the Assistant Secretary

AFBCMR
1535 Command Drive EE Wing 3rd Floor
Andrews AFB, MD 20762-7002




XXXXXXX

XXXXXXX
XXXXXXX

XXXXXXX

      Reference your application, AFBCMR Docket Number BC-2006-02908,
submitted under the provisions of AFI 36-2603 (Section 1552, 10 USC).

      After careful consideration of your application and the former
member’s available military records, the Board determined that the
evidence you presented did not demonstrate the existence of probable
material error or injustice.  Accordingly, the Board denied your
application.

      You have the right to submit newly discovered relevant evidence
for consideration by the Board.  In the absence of such additional
evidence, a further review of your application is not possible.

      BY DIRECTION OF THE PANEL CHAIR




                       GREGORY E. JOHNSON
                       Chief Examiner
                       Air Force Board for Correction
                       of Military Records


Attachment:
Record of Board Proceedings



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