RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2008-00125
		INDEX CODE:  107.00
		COUNSEL:  NONE
		HEARING DESIRED:  YES

________________________________________________________________
_

APPLICANT REQUESTS THAT:

He be awarded the Silver Star (SS) Medal and the Purple Heart 
(PH) Medal.

________________________________________________________________
_

APPLICANT CONTENDS THAT:

Approximately March to April 1944, his unit was assigned to the 
Fighter Advance Air Base in New Guinea.  Many nights they would 
have Japanese bombers dropping bombs on their compound.  One 
night a phosphorous bomb hit his encampment causing shrapnel to 
hit him in two places of his left arm.  There was no hospital in 
the vicinity and his wounds were wrapped and dressings were 
required for about two weeks.  He does not have witnesses 
because this happened over six decades ago and most of his 
comrades have expired.

In support of his request, the applicant provides a personal 
statement and a statement which appears to be from the 
Department of Veterans Affairs.

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

________________________________________________________________
_

STATEMENT OF FACTS:

Portions of the applicant's military personnel records were 
destroyed by fire in 1973 at the National Personnel Record 
Center (NPRC) in St. Louis, Missouri.  The available records 
indicate the following.

The applicant enlisted in the Regular Air Force on 1 June 
1945 and was honorably released from active duty on 4 April 
1946.  He served 27 days of continental service and 9 months and 
7 days of Foreign service.




The SS is awarded to a person who, while serving in any 
capacity, is cited for gallantry in action against an enemy of 
the United States while engaged in military operations involving 
conflict with an opposing foreign force, or while serving with 
friendly foreign forces against an opposing armed force in which 
the United States is not a belligerent party.

In accordance with Army Regulation (AR) 600-45, Decorations, 
dated 22 September 1943, during the period in question, the PH 
was awarded for wounds received in action against an enemy of 
the United States, or as a direct result of an act of such 
enemy, provided such wound necessitated treatment by a medical 
officer. For the purpose of awarding the PH, a wound was defined 
as an injury to any part of the body from an outside force, 
element, or agent, sustained as the result of a hostile act of 
the enemy, or while in action in the face of the enemy.  When a 
person eligible for award of the PH was treated for a wound, the 
commanding officer of the hospital, or the medical officer who 
treated the wound, furnished the commanding officer of the 
wounded person a certificate briefly describing the nature of 
the wound, and certifying the necessity of treatment.  In 
addition, a wounded soldier’s unsupported statement could be 
accepted in unusual or extenuating circumstances when, in the 
opinion of the officer making the award, no corroborative 
evidence was obtainable.  However, the statement would be 
substantiated if possible.

________________________________________________________________
_

AIR FORCE EVALUATION:

AFPC/DPSIDR recommends denial.  DPSIDR states they were unable 
to find evidence that the applicant was recommended for award of 
the SS.  A copy of the SS certificate, special order, or a 
decoration recommendation was not submitted to substantiate the 
award.  The applicant did not provide an eyewitness statement 
because some of the members have died.  Unfortunately, the 
applicant cannot recommend himself for the award of the SS.

In regard to the PH, the applicant's request was forwarded to 
the Purple Heart Review Board (PHRB).  The PHRB determined the 
applicant did not have sufficient medical documentation to 
approve the PH.  Each request is considered on the policies and 
criteria in use at the time the veteran was injured, and the 
determination is dependent on the documentary evidence 
presented.

The DPSIDR complete evaluation is at Exhibit C.

________________________________________________________________
_



APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 11 April 2008, the evaluation was forwarded to the applicant 
for review and comment within 30 days (Exhibit D).  In a letter 
dated 7 May 1980 [sic], the applicant requested his case be 
administratively closed (Exhibit E).  In accordance with his 
request, his case was administratively closed on 23 June 2008 
(Exhibit F).

In a letter dated 28 November 2009, the applicant requested his 
case be reopened.

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

________________________________________________________________
_

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 to warrant 
awarding the SS and PH.  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.  With regard to the SS, we note 
the SS is awarded for gallantry in action not warranting award 
of a Medal of Honor (MOH) or Distinguished Service Cross (DSC).  
Since the member’s records were destroyed by fire in 1973, we 
must consider this application based solely on the documentation 
provided by the applicant.  After reviewing this evidence, we 
are not persuaded the applicant meets the eligibility criteria 
for this award.  Accordingly, we 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.  The 
personal sacrifice the applicant endured for our country is 
noted; however, in view of the above, and in the absence of 
evidence to the contrary, we find no basis to recommend granting 
the relief sought in this application.

4.  The applicant's case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issues involved.  
Therefore, the request for a hearing is not favorably 
considered.

________________________________________________________________
_

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not 
demonstrate the existence of an error or an injustice; the 
application was denied without a personal appearance; and 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-2008-00125 in Executive Session on 20 July 2010, under 
the provisions of AFI 36-2603:

			XXXXXXXXXXXXXXX, Panel Chair
			XXXXXXXXXXXXXXX, Member
			XXXXXXXXXXXXXXXX, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 17 December 2007, w/atchs.
   Exhibit B.  Applicant's Available Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPSIDR, dated 24 March 2008.
   Exhibit D.  Letter, SAF/MRBR, dated 11 April 2008.
   Exhibit E.  Letter, Applicant, dated 17 May 1980, w/atchs.
   Exhibit F.  Letter, AFBCMR, dated 23 June 2008.
   Exhibit G.  Letter, Applicant, dated November 28, 2009,
			 w/atchs.





			XXXXXXXXXXXXXX
			Panel Chair