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AF | BCMR | CY2007 | BC-2006-03255
Original file (BC-2006-03255.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2006-03255
                                       INDEX CODE:  107.00
      XXXXXXXXXXXXXXXXXXX               COUNSEL: NONE

                                             HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  24 April 2008


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) Medal.
_______________________________________________________________

APPLICANT CONTENDS THAT:

He received injuries to his left knee in 1943 when his ship  was  hit  by  a
German torpedo and he jumped to a lifeboat. His left leg was hanging out  of
the lifeboat when a ‘big wave” slammed the lifeboat back into the ship  with
his leg jammed between the lifeboat and ship, causing the leg injury.

In support of his appeal, the applicant provides  copies  of  Department  of
Veterans Affairs (DVA) medical documents; discharge  documents;  excerpt  of
Army Regulation 600-8-22, PH Award criteria; and a letter of support.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s complete military  record  cannot  be  located  due  to  his
records being destroyed in the 1973 fire at the National  Personnel  Records
Center  in  St.  Louis,  Missouri.   Documents  provided  by  the  applicant
indicate that on 2 October 1942, the applicant  enlisted  in  the  Army  Air
Force at the age of 19.  The applicant was  progressively  promoted  to  the
rank of staff sergeant.

On 6 December 1945, the  applicant  was  honorably  discharged  from  active
duty.  He served 3 years, 2 months, and 4 days of active  duty  of  which  2
years, 1 month, and 18 days was foreign service.

A DVA rating decision, dated 28 March 2006, indicates that  in  addition  to
hand and feet injuries, the applicant  receives  100%  disability  for  left
knee  degenerative  disease  post   knee   surgery   with   prosthesis   and
patellectomy, which is service connected, incurred during World War II.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends the applicant’s request for the PH  Medal  be  denied.
DPPPRA states that to be awarded the PH  Medal,  a  member  must  provide  a
detailed personal account, eyewitness statements, and medical  documentation
to show the wound received treatment by medical personnel and occurred as  a
direct result of enemy action.   The  applicant’s  request  met  the  Purple
Heart Review board (PHRB) on 4 December 2006 and was disapproved.

The AFPC/DPPPR evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant provides a personal account of what happened on the day  his
ship was hit by a German torpedo and medical documents from the Department
of Veteran Affairs.

The applicant’s rebuttal is at 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 error or injustice.  After a thorough review of  the  available
records, we found no evidence that the applicant is eligible for  the  award
of the Purple Heart Medal.  The applicant did not  provide  any  documentary
evidence to substantiate his claim that  he  was  wounded  in  action  as  a
direct result of enemy action, or that he was recommended for,  or  awarded,
the Purple Heart Medal.  The personal sacrifice the  applicant  endured  for
his country is noted and the recommendation to deny the requested relief  in
no way diminishes the high regard we have for  his  service.   Nevertheless,
in view  of  the  above,  we  find  no  basis  to  favorably  consider  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 this application in  Executive
Session on 7 February 2007, under the provisions of AFI 36-2603:

                 Mr. Thomas S. Markiewicz, Chair
                 Ms. Jan Mulligan, Member
                 Ms. Josephine L. Davis, Member

The following documentary evidence was considered in connection with  AFBCMR
Docket Number BC-2006-03255:

    Exhibit A.  DD Form 149, dated 16 Oct 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 5 Dec 06.
    Exhibit D.  Letter, SAF/MRBR, dated 15 Dec 06.
    Exhibit E.  Applicant’s Rebuttal, dated 5 Dec 06, w/atchs.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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