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AF | BCMR | CY2007 | BC-2007-00408
Original file (BC-2007-00408.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2007-00408
            INDEX CODE:  107.00
            COUNSEL:  NO
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  12 AUGUST 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) Medal.

_________________________________________________________________

APPLICANT CONTENDS THAT:

While serving in Germany in 1945, he  was  shell  shocked  and  wounded  by
mortar shell fragments in the back.

In support of his request, applicant provides a personal statement,  copies
of his separation documents,  separation  qualification  record  and  other
related associated documents.

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

_________________________________________________________________

STATEMENT OF FACTS:

For the period in question, the applicant’s discharge document reflects  he
was in the European Theater of Operations as a Clerk  Non-typist,  from  28
November 1944 through  31  December  1945.   The  applicant  was  honorably
discharged on 31 December 1945,  for  the  Convenience  of  the  Government
(Demobilization) and was credited with 1  year,  1  month  and  3  days  of
foreign service.  He participated in the Ardennes,  Rhineland  and  Central
Europe campaigns.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends the application be denied.  DPPPR  states  they  were
unable  to  locate  official  documentation  to  verify   the   applicant’s
entitlement to the PH.  On 7  May  2007,  the  Purple  Heart  Review  Board
disapproved the applicant’s request for the PH.  The DPPPR evaluation, with
attachments, is at Exhibit C.

_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states that when he was hit by a mortar shell, the Army sent  him
back to the Air Force because of his medical condition.
The applicant’s complete letter 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 his  submission
and the supporting documentation he provided does not persuade  us  that  he
should be awarded the Purple Heart Medal.  The applicant contends he  should
be awarded the Purple  Heart  for  an  injury  sustained  while  serving  in
Germany in 1945.  However, he has provided no evidence to indicate that  the
alleged condition he sustained  was  the  direct  result  of  enemy  action.
There is no evidence of medical  treatment  for  the  wound  he  alleges  he
sustained or that the wound  was  a  direct  result  of  enemy  action.   In
addition, the applicant did not provide  any  current  medical  evidence  of
scarring or other residuals of the asserted injury that  would  persuade  us
that he had an injury, which warranted the award of the Purple Heart  Medal.
 However, should the applicant obtain testimonies from  other  members  from
his unit that were on the mission and can account for his  injury,  he  may,
of course, submit another  request  and  the  Board  will  review  this  new
evidence.  While we appreciate and honor  the  applicant’s  service  to  his
country, in view of the above and absent  persuasive  evidence  showing  his
records are in error or unjust, the applicant’s request cannot be  favorably
considered.

________________________________________________________________

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 21 June 2007, under the provisions of AFI 36-2603:

            Mr. Michael K. Gallogly, Panel Chair
            Mr. Elwood C. Lewis, III, Member
            Ms. Sharon B. Seymour, Member

The following documentary evidence pertaining  to  Docket  Number  BC-2007-
00408 was considered:

    Exhibit A.  DD Form 149, dated 14 Aug 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 8 May 07.
    Exhibit D.  Letter, SAF/MRBR, dated 18 May 07.
    Exhibit E.  Letter, Applicant, dated 23 May 07, w/atch.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair

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