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AF | BCMR | CY2007 | BC-2007-01642
Original file (BC-2007-01642.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

      IN THE MATTER OF:            DOCKET NUMBER:  BC-2007-01642
            INDEX CODE:  107.00
      XXXXXXX                     COUNSEL:  NONE
                                  HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: 26 JANUARY 2008

_______________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) medal and any  compensation  associated
with it.

_______________________________________________________________

APPLICANT CONTENDS THAT:

On 4 March 1944, he injured his leg and shoulder in the first  Berlin  raid
during World War II.  His brother was also wounded and  received  a  $20.00
per month lifetime payment.  He believes he was the  lone  patient  in  the
maternity ward in England but was later  flown  to  the  United  States  to
complete his recovery in Texas.

The applicant's complete submission is at Exhibit A.

_______________________________________________________________

STATEMENT OF FACTS:

Data extracted from his available military records reflects that he  served
in the Army Air Corps from 1940 through 1946.

The applicant was discharged in the grade of staff sergeant on  9 February
1946 with service characterized as general (under  honorable  conditions).
He served a total of 5 years, 3 months and 29 days on active duty.

The Purple Heart is awarded for wounds received as a direct result of  enemy
actions (e.g., gunshot  or  shrapnel  wounds,  hand-to-hand  combat  wounds,
forced aircraft bail-out injuries, etc.).  A recent change now  extends  the
eligibility for award of the PH to former prisoners of war (POWs) that  were
held prior to 25 April 1962 and suffered wounds or injuries at the hands  of
their captors.  In addition, it is necessary  that  the  wound  required  or
received treatment by medical  personnel.  Indirect  injuries  do  not  meet
criteria for award of the PH.   These  include,  but  are  not  limited  to,
injuries received while seeking  shelter  from  mortar  or  rocket  attacks,
aircraft bombings, grenades, and  injuries  incurred  while  serving  as  an
aircrew member or in a passenger  status  as  a  result  of  the  aircraft’s
evasive measures against hostile fire.

_______________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends the request be denied.  DPPPR states in order  to  be
awarded the PH, the applicant must provide documentation  to  support  that
his wounds were a direct result of enemy action  and  the  wounds  received
medical  treatment  by  medical  personnel.   DPPPR  states   no   official
documentation was submitted to verify he was injured as a direct result  of
enemy action.  DPPPR  states  without  official  medical  documentation,  a
certified eyewitness statement, or a detailed account to verify entitlement
to the PH, his entitlement to the PH cannot be verified.

The complete DPPPR 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 17 Aug
07 for review and comment within 30 days.  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.  After a thorough review of the  available
evidence and the applicant’s complete submission, we find no evidence which
would lead us to believe the applicant  incurred  an  injury  as  a  direct
result of enemy action as required  for  award  of  the  PH.   We  are  not
unmindful or unappreciative of his service to his Nation.  Should he secure
supporting  documentation,  we  would  be   willing   to   reconsider   his
application.  Accordingly, in the absence of  persuasive  evidence  to  the
contrary, we find no compelling basis to reccomend favorable  consideration
of his application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did  not  demonstrate
the existence of a material error or injustice; that  the  application  was
denied without a personal appearance; and  the  application  will  only  be
reconsidered upon the submission of newly discovered relevant  evidence  no
considered with this application.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2007-
01642 in Executive Session on 2 October 2007 and XX October 2007  under  the
provisions of AFI 36-2603:

                 Ms. Cathlynn B. Novel, Panel Chair
            Ms.  Jan Mulligan, Member
            Mr. Mark J. Novitski, Member

The following documentary evidence pertaining  to  Docket  Number  BC-2007-
01642 was considered:

      Exhibit A. DD Form 149, dated 14 May 2007, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPPR, dated 30 July 07
      Exhibit D. Letter, SAF/MRBR, dated 17 August 2007.
      Exhibit E. Letter, Applicant, dated 10 October 2007, w/atchs.





      CATHLYNN B. NOVEL
      Panel Chair


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