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AF | BCMR | CY2008 | BC-2007-02835
Original file (BC-2007-02835.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-02835
                                             INDEX CODE:  100.00
                                             COUNSEL:  NONE

                                             HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

Her deceased husband’s records be corrected to reflect award of  the  Purple
Heart (PH).

________________________________________________________________

APPLICANT CONTENDS THAT:

Her deceased husband did not receive the PH for  injuries  he  sustained  to
his chest from flak.

In support of the appeal, applicant submits  a  copy  of  a  Certificate  of
Death,  WD  AGO  Form  53-55,  Enlisted  Record  and  Report  of  Separation
Honorable  Discharge,  WD  AGO  Form  106,  Request  for  Decoration  and/or
Citation, WD AGO  Form  88,  Report  of  Physical  Examination  of  Enlisted
Personnel Prior to Discharge, Release from Active Duty  or  Retirement,  and
excerpts from her late husband’s available military personnel records.

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

________________________________________________________________

STATEMENT OF FACTS:

Applicant was inducted into the Army Air Corps on 26 Mar 46.  He  served  in
the  New  Guinea,  Bismark  Archipelago,  Eastern  Mandates,  and   Southern
Philippines Luzon Campaigns  as  an  Aerial  Photographer.   The  Report  of
Separation issued in conjunction  with  his  9 Sep 45,  honorable  discharge
indicates that he was  awarded  the  Air  Medal  (AM)  with  four  Oak  Leaf
Clusters (OLCs), the Asiatic-Pacific Campaign Medal w/4 Bronze  Stars  (BS),
and the Philippine Liberation Medal w/2 BS.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIDR recommends denial of the applicant’s request for  award  of  the
PH.  AFPC/DPSIDR states, in part, that the  applicant  was  recommended  for
award of the DFC for his actions from 30 Sep 44 to 10 Oct 44;  however,  the
higher headquarters downgraded the award to an Air Medal w/5  OLCs.   To  be
awarded the PH, a member  must  provide  documentation  to  support  he  was
wounded as a direct result of enemy action and must  have  received  medical
treatment by medical personnel.  Further, the applicant did not provide  the
needed criteria to make a determination.

The AFPC/DPSIDR evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was forwarded to the applicant on  30  Nov
07, for review and comment, within 30 days.  However, as of  this  date,  no
response has been received by this office.

________________________________________________________________

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 that  would  indicate  applicant  should  be
awarded the PH Medal.  We took notice of his complete submission in  judging
the merits of the case; however,  evidence  has  not  been  presented  which
would lead us to believe that he sustained injuries, incurred  as  a  direct
result of enemy fire, which meet the stringent  requirements  for  award  of
the PH.  On 26 Oct  07,  his  records  were  administratively  corrected  to
reflect award of the AM w/5 OLCs and the World War  II  Victory  Medal.   We
note, his entitlement to DFC  has  also  been  verified  by  the  office  of
primary responsibility and his records will  be  administratively  corrected
to reflect award of that medal.  Therefore, 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  Docket  Number  BC-2007-02835
in Executive Session on 12 Feb 08, under the provisions of AFI 36-2603:

                       Ms. Charlene M. Bradley, Panel Chair
                       Ms. Karen A. Holloman, Member
                       Mr. Wallace F. Beard Jr., Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 29 Aug 07, w/atchs.
    Exhibit B.  Applicant's Available Master Personnel Records.
    Exhibit C.  Memo, AFPC/DPSIDR, dated 18 Oct 07.
    Exhibit D.  Letter, SAF/MRBR, dated 30 Nov 07.




                                   CHARLENE M. BRADLEY
                                   Panel Chair


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