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AF | BCMR | CY2007 | BC-2006-02850
Original file (BC-2006-02850.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-02850
                       INDEX CODE:  107.00
                       COUNSEL:  NONE

                       HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  24 MARCH 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect he was awarded  the  Purple  Heart
(PH).
_________________________________________________________________

APPLICANT CONTENDS THAT:

He received the PH medal at Hensley  Air  Force  Base  (AFB),  Dallas,
Texas.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The servicemember’s military records were destroyed in the  1973  fire
at the National Personnel Records Center (NPRC).

The available records reflect the applicant enlisted in  the  Army  of
the United States (AUS) 8 February 1943.

On 10 November 1945,  the  applicant  was  honorably  discharged  from
active duty in the grade of technical sergeant (TSgt).

Block 24 on the applicant’s WD AGO Form 53-55, Record  and  Report  of
Separation reflects that applicant  did  not  receive  any  wounds  in
action.

The applicant stated in a Veterans Administration (VA) Prisoner of War
(POW) examination that on his seventh mission he  was  shot  down  and
taken as a POW from 3 June 1944 to 12 July 1945.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR recommends the applicant’s request for award of  the  PH
be denied.  They state the PH is awarded  for  wounds  received  as  a
direct result of enemy  action  and  the  wounds  must  have  received
treatment by medical personnel.

AFPC/DPPPR further states there was no official documentation  in  the
applicant’s reconstructed records to support his request for  the  PH.
The applicant has not provided any documentation to  substantiate  his
request.  Furthermore, VA medical records are not  a  source  document
for award of the PH.

A complete copy of the AFPC/DPPPR evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 5
January 2007, for review and response.  As of this date,  no  response
has been received by this office.

_________________________________________________________________

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
applicant has not been the victim of an error or  an  injustice.   The
documentation provided by the applicant and his  military  records  do
not substantiate he had an injury that met the criteria 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 21 February 2007, under the provisions of AFI 36-2603:

                 Mr. Michael J. Novel, Panel Chair
                 Mr. Reginald P. Howard, Member
                 Ms. Barbara R. Murray, Member

The following documentary evidence pertaining to AFBCMR Docket  Number
BC-2006-02850 was considered:

      Exhibit A. DD Form 149, dated 14 Sep 06.
      Exhibit B. Available Military Personnel Records.
      Exhibit C. Letter, HQ AFPC/DPPPR, 19 Dec 06.
      Exhibit D. Letter, SAF/MRBR, dated 5 Jan 07.




                             MICHAEL J. NOVEL
                             Panel Chair

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