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AF | BCMR | CY2008 | BC-2005-01155
Original file (BC-2005-01155.doc) Auto-classification: Approved

SECOND ADDENDUM TO
                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2005-01155
            INDEX NUMBER: 107.00

      XXXXXXX    COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH).

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the  Regular  Air  Force  on  30  September  1947.
Military medical record entries indicate that  on  21 August  1951,  he  was
treated with a butterfly dressing for a small  laceration  to  his  shoulder
sustained during a car accident on 21 August 1951 and that he  was  slightly
under the influence of alcohol; that on 22 August 1951, he was treated  with
heat for a contusion of his shoulder; and that on 23  and  24  August  1951,
and 8 September 1951, he was treated with radiant heat for a stiff  shoulder
and painful forearm on exercise.  He voluntarily retired  in  the  grade  of
senior master sergeant on 1 July 1971.

On  4  March  2005,  the  Air  Force  Purple  Heart  Review  Board  (AFPHRB)
considered and denied applicant’s request for the PH.

On 13 July 2005, the Board considered and  denied  applicant’s  request  for
the PH.  For an accounting of the facts and  circumstances  surrounding  the
applicant’s separation, and the rationale of the  earlier  decision  by  the
Board, see the Record of Proceedings at Exhibit F.

On  30  November  2005,  the  applicant  requested  reconsideration  of  his
request; however, on 15 December 2005, he was advised that his  request  did
not meet the criteria for reconsideration by the Board (Exhibits G and H).

In a letter to the Secretary of the Air Force, dated 24 February  2006,  the
applicant requested reconsideration of his request;  however,  on  20  March
2006, he was advised  that  his  request  did  not  meet  the  criteria  for
reconsideration by the Board (Exhibits I and J).

In letters to the AFBCMR, dated 22 March 2006, 19 May 2006, and a letter to
the  Principal  Deputy  General  Counsel,  USAF,  the  applicant  requested
reconsideration and provided  additional  evidence.   Applicant’s  complete
submissions are at Exhibits K through O.

On 7 May 2007, the Board reconsidered his request for the  PH.   A  majority
of the Board remained unpersuaded that he  had  provided  any  corroborative
evidence to support his contention that his  injury  met  the  criteria  for
entitlement  to   the   PH.    The   Secretary’s   designee   accepted   the
recommendation of  the  Board’s  majority  and  the  application  was  again
denied.  For an accounting of the facts and  circumstances  surrounding  the
applicant’s separation, and the rationale of the  earlier  decision  by  the
Board, see the Record of Proceedings at Exhibit U.

By letter dated 13 December 2007, the applicant again requested
reconsideration of his request and provided a copy of a message
indicating the approval for his PH had been forwarded by personnel USAFE
Wiesbaden to Hq USAF where the order would be issued.  The applicant’s
complete submission, with attachment, is at Exhibit V.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

After  reviewing  the  additional  evidence  provided   by   the   applicant
indicating the approval for his PH had been forwarded by USAFE personnel  to
Hq USAF where the order would be issued, a majority of the Board finds  that
he has presented sufficient evidence to demonstrate the existence  of  error
or injustice.  Although the applicant previously provided a  memo  from  the
squadron  adjutant  to  the  TUSLOG  Commander,  establishing   the   TUSLOG
Commander’s intent to award the applicant the PH, a majority  of  the  Board
previously found there was no official documentation to verify that  it  was
approved.  However, in view of this most recent evidence, a majority of  the
Board finds that he has established the PH was approved and recommends  that
his records be corrected to the extent indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected to show that he was awarded the Purple Heart  for
injuries he received as a direct result  of  enemy  action  near  Wiesbaden,
Germany, on 27 August 1951.

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2005-01155
in Executive Session on 13 March 2008, under the provisions of AFI 36-2603:

                 Mr. Wayne R. Gracie, Panel Chair
                 Mr. Wallace F. Beard, Jr., Member
                 Mr. Grover L. Dunn, Member

By majority vote,  the  Board  recommended  the  records  be  corrected,  as
recommended.  Mr. Beard voted to deny the application, but does not wish  to
submit  a  Minority  Report.   The  following   documentary   evidence   was
considered:

     Exhibit U.  Second Addendum to Record of Proceedings,
        w/atchs.
     Exhibit V.  Letter, Applicant, dated 13 Dec 07, w/atch.




                                   WAYNE R. GRACIE
                                   Panel Chair



AFBCMR BC-2005-01155




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:

      The pertinent military records of the Department of the Air Force
relating to XXXXXXX, XXXXXXX, be corrected to show that he was awarded the
Purple Heart for injuries he received as a direct result of enemy action
near Wiesbaden, Germany, on 27 August 1951.






            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency
ds

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