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AF | BCMR | CY2008 | BC-2007-03075
Original file (BC-2007-03075.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

      IN THE MATTER OF:            DOCKET NUMBER:  BC-2007-03075
            INDEX CODE:  107.00
      XXXXXXX                     COUNSEL:  NONE
                                  HEARING DESIRED:  NO

_______________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) Medal.

_______________________________________________________________

APPLICANT CONTENDS THAT:

He wounded his right hand while on a bombing  mission  in  Germany.   As  a
result he was awarded the Distinguished Flying  Cross  (DFC);  however,  he
prefers to be awarded the PH for this injury.  After this incident, he  was
sent on another mission and did not have the time to  be  treated  for  his
injury.  His right hand has scars and neural neuropathy.  He  requests  the
PH instead of the DFC for personal reasons, his family  and  Department  of
Veterans Affairs (DVA) benefits.

In support of his request, the applicant submits a personal statement,  his
WDAGO Form 53-98, Army of the United States, Certificate of Service, copies
of his DFC citation and photographs.

His complete submission, with attachments, is at Exhibit A.

_______________________________________________________________

STATEMENT OF FACTS:

Data extracted from his available military records reflects  the  applicant
was commissioned in the Army of the United States on 22 July 1944.

He was separated on 20 January 1946 in the grade of first  lieutenant  with
service characterized as honorable.  He served a  total  of  18  months  on
active duty.

_______________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIDR recommends the request be denied.  DPSIDR  states  no  official
documentation (medical documentation, eyewitness statements and etc.,)  was
located in the applicant's  record  or  submitted  by  the  applicant  that
verifies he was injured due to direct enemy action.  The  detailed  account
of the incident that occurred on 20 January 1945  does  not  state  he  was
injured by direct enemy action during the mission over Regensburg, Germany.
 According to the document provided, there was a  mechanical  failure  that
occurred during the first bomb release and the applicant had to  clear  the
bomb bays by taking off his heated gloves and reinsert the cotter pins.

The complete DPSIDR evaluation is at Exhibit C.

_______________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant provided a statement from a former Veteran's  Service  office
supporting his request for the award of the PH.

The complete response is attached at 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 recommend 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  not
considered with this application.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-2007-
03075 in Executive Session on 8 April 2008, under the provisions of AFI 36-
2603:

                 Ms. Rita S. Looney, Panel Chair
                 Ms. Karen A. Holloman, Member
                 Mr. Garry G. Sauner, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 15 May 2007, w/atchs.
      Exhibit B. Letter, AFPC/DPSIDR, dated 20 February 2008.
      Exhibit C. Letter, SAF/MRBR, dated 7 March 2008.
      Exhibit D. Letter, Friend, dated 12 March 2008.





      MS. RITA S. LOONEY
      Panel Chair

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