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AF | BCMR | CY2007 | BC-2007-00263
Original file (BC-2007-00263.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-00263
            INDEX CODE:  107.00

      XXXXXXXXXX COUNSEL:  NONE

            HEARING DESIRED: NO


MANDATORY CASE COMPLETION DATE:  4 AUG 2008


___________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) Medal.

___________________________________________________________________

APPLICANT CONTENDS THAT:

The deceased military member’s  daughter  requests  that  her  late
father’s record be corrected to award the PH medal.  She states  he
spent five years of service during World War II.  He was a prisoner-
of-war (POW) for 15 months.  While serving as a  pilot,  his  plane
crashed and he was injured during bailout;  medical  treatment  did
not occur until he was released from the POW camp.

In support of applicant’s appeal, she submitted a copy  of  his  WD
AGO  Form  53-98,  Military  Record  and  Report   of   Separation,
Certificate of Service, dated 7 Jan 47; a copy of his Statement  of
Service, dated 8 Feb 94; his certificate of death, and a  newspaper
clipping.

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

___________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the  Army  Air  Forces  on  18  Apr  42.   On
28 May 43, he was commissioned as a second lieutenant in  the  Army
Air Forces and served until he was transferred  to  the  Air  Force
Reserve on 8 Jan 47.  He was progressively promoted to the grade of
lieutenant colonel with a promotion service date of 6 May 58.

Applicant was missing in action (MIA) on 23 Mar 44 and was returned
to military control on  29  Apr  45.   WD  AGO  Form  64,  Physical
Examination for Flying, dated 13 Mar  45,  states  “….  Bailed  out
Mar 44,  enemy  territory,  ETO,  no   injuries   sustained.    POW
13 months.  Denies all else.”

On 1 Feb 69, applicant was transferred to the Retired  Reserve  and
was credited with 24 years, 9 months, and 13 days  of  satisfactory
federal service.  On 9 Apr 80, he was placed on  the  USAF  Retired
List and was credited with 37 years, 11  months,  and  21  days  of
service for basic pay.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR reviewed this  application  and  recommended  denial,
stating,  in  part,  that  applicant’s  plane  was  shot  down   on
23 Mar 44, over Brunswick, Germany, and he was held as a  POW  from
23 Mar 44 to 29 Apr 45.

To be awarded the PH, 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.

They found no detailed account of the  applicant’s  injury  nor  an
eyewitness statement submitted with his request.  His DD Form  214,
states no wounds received in action.

HQ AFPC/DPPPR’s complete evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant
on 16 Feb 07 for review and comment within 30  days.   As  of  this
date, no response has been received by this office (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 complete submission in judging the  merits  of  the
case.  Military members are entitled to award of the  Purple  Heart
Medal for wounds received as a direct result of  enemy  action  and
for which medical treatment was or would have  been  required.   No
evidence has been submitted to substantiate claim for award of  the
PH.  We therefore agree with the opinion and recommendation of  the
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.  Hence, 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; 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 AFBCMR Docket  Number
BC-2007-00263 in Executive Session on  29  March  2007,  under  the
provisions of AFI 36-2603:

      Mr. Richard A. Peterson, Panel Chair
      Mr. James L. Sommer, Member
      Ms. Sharon B. Seymour, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 25 Jan 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPPR, dated 12 Feb 07.
    Exhibit D.  Letter, SAF/MRBR, dated 16 Feb 07.




                                   RICHARD A. PETERSON
                                   Panel Chair

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