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AF | BCMR | CY2007 | BC-2006-03576
Original file (BC-2006-03576.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2006-03576
                                             INDEX CODE:  100.00
      XXXXXXX                           COUNSEL:  NONE

                                             HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  25 May 2008


________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH).

________________________________________________________________

APPLICANT CONTENDS THAT:

He should be awarded the PH for a laceration to his scalp that  he  received
as a result of the Japanese bombardment of Hickam Field on 7 December 1941.

In support of his appeal, applicant submits his Enlisted Record  and  Report
of Separation, a Physical Examination for  Flying,  and  extracts  from  his
reconstructed military master personnel records.

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant’s records were destroyed by fire  at  the  National  Personnel
Records Center (NPRC) in 1973.  Therefore,  the  following  information  has
been extracted from the applicant’s reconstructed Military Master  Personnel
Records and the documentation provided by applicant.

Applicant is a former member of the Army Air  Corps  who  served  on  active
duty from 3 January 1940 to 1 September 1945.   He  served  in  the  Pacific
Theatre of Operation from 20  March  1940  to  1  July  1943.   His  records
contain a Physical Examination for Flying which lists, “laceration of  scalp
- Dec 7, 1941” under medical history.




In accordance with AR 600-45, during the  period  in  question,  the  Purple
Heart (PH) was awarded for wounds received in action  against  an  enemy  of
the United States, or for wounds  received  as  a  direct  result  of  enemy
action, provided such wound necessitates treatment by a medical officer.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends the application be denied and states,  in  part,  that
to be awarded the PH, a member must provide  a  detailed  personal  account,
certified eyewitness statements,  and  medical  documentation  to  show  the
wound received treatment by medical  personnel  and  occurred  as  a  direct
result of enemy action.  Applicant  has  provided  no  detailed  account  or
certified  eyewitness  statement  to  validate  his  claim.   Although   the
Physical Examination for Flying Report  indicates  a  laceration  of  scalp,
there is no official documentation to show the  laceration  was  the  direct
result of enemy action.

The AFPC/DPPPR evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation  was  forwarded  to  the  applicant  on  5
January 2007, for review and comment, within 30 days.  However, 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 probable error or injustice.  In this respect, we note  the  PH
is awarded for wounds received in action against an enemy  or  as  a  direct
result of enemy  action.   Although  the  applicant  contends  that  he  was
injured as a result of  the  Japanese  bombardment  of  Hickam  Field  on  7
December 1941, he provides no explanation of the  circumstances  surrounding
his injury.  The applicant’s military records were destroyed by fire at  the
National Personnel Records Center (NPRC) in 1973; however, his records  have
been reconstructed based on  documentation  provided  by  applicant.   These
records contain a Physical Examination for Flying which  lists,  “laceration
of scalp - Dec 7, 1941” under medical history.  In addition, the  Report  of
Separation issued in  conjunction  with  his  1 September  1945  separation,
indicates “none” in Item 34, Wounds Received in Action.  While the Board  is
mindful of the events  that  transpired  on  7 December  1941,  insufficient
documentary evidence has been  presented  to  indicate  that  he  meets  the
criteria for award of the PH.  Therefore, in the absence of  such  evidence,
we find no basis upon which to  recommend  favorable  consideration  of  his
request.

________________________________________________________________

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-2006-03576
in Executive Session on BC-2006-03576, under the provisions of AFI 36-2603:

                       Mr. James W. Russell, III, Panel Chair
                       Ms. Mary C. Puckett, Member
                       Mr. Joseph D. Yount, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 25 Apr 06, w/atchs.
    Exhibit B.  Applicant's Reconstructed Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 14 Dec 06.
    Exhibit D.  Letter, SAF/MRBR, dated 5 Jan 07.




                                   JAMES W. RUSSELL, III
                                   Panel Chair

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