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AF | BCMR | CY2007 | BC-2006-03968
Original file (BC-2006-03968.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-03968
            INDEX CODE:  107.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY COMPLETION DATE:  1 JUL 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show  he  was  awarded  the  Purple  Heart  (PH)
award.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His record will show that his C47 crashed  during  combat  in  1944  and  he
suffered an injury to his right hand.  He  believed  he  was  already  a  PH
recipient; however, he recently found out that he was not.

In support  of  his  application,  the  applicant  submits  a  copy  of  his
Certification of Military Service, a copy of a medical  examination  report,
copies of documents excerpted from his military personnel record, a copy  of
his VA claim statement, a copy of a support letter from  a  medical  doctor,
copies of photographs  of  his  hands,  and  copies  of  photographs  of  an
airplane.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s military personnel  record  is  incomplete.   The  following
information was extracted from documentation submitted by the applicant.

The applicant was inducted into the Army Air Corps on 24 February 1943.   On
22 September 1945, he was honorably discharged from military service in  the
grade of corporal.  He served 2 years, 6 months and 24 days on  active  duty
service to include 2 years and 15 days of Foreign Service.

His report of physical examination prior to discharge, release  from  active
duty or retirement dated 25 Jan 45, Block 11  states  “Injured  right  hand,
7th Fld Hosp, 1944” and Block 11 (3) indicates the injury incurred while  in
military service.  However, his separation document indicates  in  Block  34
wounds received in action “None.”

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR recommends denial of the applicant’s  request.   DPPPR  states
to be awarded the PH, a member must provide  a  detailed  personal  account,
eyewitness statements,  and  medical  documentation  to  show  the  wound(s)
received treatment by medical personnel and occurred as a direct  result  of
enemy action.

The applicant’s package was considered and disapproved by the  Purple  Heart
Review Board (PHRB) on 5 Feb 07.  The  PHRB  determined  that  his  injuries
were not caused by direct enemy action which makes him  ineligible  for  the
award of the PH.

The complete DPPPR evaluation is at Exhibit D.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force  evaluation  was  forwarded  to  the  applicant  for
review and comment on 9 Feb 07.  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.   We  took  notice  of  the  applicant’s
contention that he  should  be  awarded  the  Purple  Heart  for  an  injury
sustained when he was shot down during combat.  After a thorough  review  of
his  submission  and  the  supporting  documentation  he   provided,   these
documents do not persuade us that he should  be  awarded  the  Purple  Heart
Medal.  There is no evidence that the wound he alleges he  sustained  was  a
direct result of enemy action.  Therefore, we agree  with  the  opinion  and
recommendation of Air Force office of primary responsibility and  adopt  its
rationale as the basis for our conclusion that the applicant  has  not  been
the victim of an error or injustice.  While  we  appreciate  and  honor  the
applicant’s service to his country, in view of  the  above  the  applicant’s
request is not favorably considered.
________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of probable 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-2006-03968
in Executive Session in  Executive  Session  on  4  April  2007,  under  the
provisions of AFI 36-2603:


      Mr. Thomas S. Markiewicz, Chair
      Ms. Renee M. Collier, Member
      Ms. Judith B. Oliva, Member

The following documentary evidence was considered:

      Exhibit A.  DD Form 149, dated 24 May 06, w/atchs.
      Exhibit B.  Applicant’s Master Personnel Records.
      Exhibit C.  Letter, HQ AFPC/DPPPR, dated 6 Feb 07.
      Exhibit D.  Letter, SAF/MRBR, dated 9 Feb 07





      THOMAS S. MARKIEWICZ
      Chair

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