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AF | BCMR | CY2007 | BC-2006-03211
Original file (BC-2006-03211.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2006-03211
            INDEX CODE:  107.00
            COUNSEL:  NONE
      HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: Apr 22, 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

His father’s records be corrected to show  the  former  service  member  was
wounded in combat (during the  invasion  of  Germany  in  1945)  and  he  be
posthumously awarded the Purple Heart (PH).
_________________________________________________________________

APPLICANT CONTENDS THAT:

Prior to his  father’s  death,  he  recounted  military  operations  he  was
involved in to include sustained injuries.

In support of his request, the applicant provided a copy of his father’s  WD
AGO Form 53-98, Military Record and  Report  of  Separation  Certificate  of
Service, discharge certificate, death certificate, and a  birth  certificate
showing the applicant as proper proof of interest.

The applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The former service member’s military records were destroyed by fire in  1973
at the National Personnel  Records  Center  (NPRC).   Therefore,  the  facts
surrounding the claim of being wounded in action cannot be verified.   Also,
there are no medical records with the applicant’s name on file at the VA.


The available records indicate the former service member  served  on  active
duty in the Army Air Corp as a lieutenant colonel from 13 Aug 42 to  16  Jan
46, as a communications officer.

A Clinical Records Brief extracted from the hospital  admissions  card  data
file (1942-45 and 1950-54), created by the Office of  the  Surgeon  General,
Department of the Army, reflect the former service member  was  hospitalized
in Aug 45 for a hernia, in Atlantic City  AF,  New  Jersey,  and  discharged
from the hospital in Oct 45.

The former service member is credited with service in the following  battles
and campaigns:  Sicily, Naples Foggia,  Rome,  Northern  France,  Rhineland,
and Normandy.

A complete list of the former service member’s awards  and  decorations  for
the period 13 Aug 42 to 16 Jan 46 are  cited  on  his  WD  AGO  Form  53-98,
Military Record and Report of Separation Certificate of Service.

The PH is awarded for wounds received as a direct result  of  enemy  actions
(i.e., gunshot  or  shrapnel  wounds,  hand-to-hand  combat  wounds,  forced
aircraft bail out injuries, etc.).  In addition, it is  necessary  that  the
wound have required or received treatment by  medical  personnel.   Indirect
injuries do not meet the criteria for the PH.
_________________________________________________________________

AIR FORCE EVALUATION:

There were insufficient records for the office of primary responsibility  to
prepare an advisory opinion.
________________________________________________________________

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.   We  took  notice  of  the  applicant's
complete submission in judging the merits of the  case;  however,  there  is
not sufficient documentation to approve  the  applicant’s  request.   Should
the applicant provide documentation indicating that his father  was  wounded
as a direct result of enemy action, the Board would be  inclined  to  review
this case again for possible reconsideration.  Therefore, 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 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-2006-03211
in Executive Session on 9 January 2006, under  the  provisions  of  AFI  36-
2603:

      Ms.Kathleen F. Graham, Panel Chair
      Ms. Mary C. Puckett, Member
      Mr. Patrick C. Daugherty, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 23 Aug 06.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, SAF/MRBR, dated 20 Nov 06.



                                           KATHLEEN F. GRAHAM
                                           Panel Chair

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