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AF | BCMR | CY2009 | BC-2008-03797
Original file (BC-2008-03797.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-03797
            INDEX CODE:  107.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

The applicant’s request is  not  clear.   However,  it  appears  he  is
requesting the following:

1.  His records be corrected to reflect his entitlement  for  award  of
the Purple Heart (PH).

2.  His records be corrected to reflect he participated in battles  and
campaigns (The applicant’s request was  administratively  corrected  to
reflect his entitlement to the World War II Victory Medal (WWIIVM), the
Asiatic-Pacific-Campaign Medal (APCM), and the APCM w/1 Bronze  Service
Star (BSS).

_________________________________________________________________

APPLICANT CONTENDS THAT:

His records should reflect the actual events of his service.

In support of the request, the applicant  provides  excerpts  from  his
available military personnel records.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s available records reflect that he enlisted in the  Army
12 Aug 42 to 23 Dec 44.  On 15 Sep 43, he was  injured  when  the  C-47
aircraft in which he served as radio operator crashed and  caught  fire
in Burma while in the performance  of  military  duties.   He  received
second and third degree burns to his lower extremities, his hands,  and
left ear.

On 26 Feb 44, a Medical Evaluation Board (MEB) convened and  determined
the applicant was  unfit  for  continued  military  service.   The  MEB
recommended he be transferred to  a  general  hospital  in  the  United
States for treatment and disposition.  On 27 Mar 44, he was returned to
the United States for continued treatment of his wounds.

On 23 Dec 44, he was honorably discharged and received a Certificate of
Disability Discharge.

In accordance with Army regulations (AR) 600-45, Decorations, dated  22
Sep 43, 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 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.

On 14 Aug 09, AFPC/DPSIDR verified his entitlement to the  WWIIVM,  the
APCM, and the APCM w/1 BSS (Exhibit B).

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIDR recommends denial.  DPSIDR states  the  applicant  did  not
provide sufficient evidence to substantiate  his  claim  and  they  are
unable to make a determination at this time.

The complete DPSIDR complete evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 24
Jul 09, for review and comment within 30 days.  As  of  this  date,  no
response has been received by this office (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 concerning his request for award of
the PH.  We took notice  of  the  applicant's  complete  submission  in
judging the  merits  of  the  case;  however,  evidence  has  not  been
presented which would lead us to believe that  his  injuries  were  the
direct result of enemy action.  In this regard,  the  Board  notes  the
evidence of record reflects the applicant was injured  in  an  airplane
accident and there is no evidence to indicate the airplane accident was
due to enemy action.  Further, wounds can only be  annotated  on  a  DD
Form 214 if they were a direct result of enemy action.  In view of  the
above and in the absence of sufficient evidence  to  the  contrary,  we
find no compelling basis to recommend granting the applicant’s  request
for award of the PH Medal.

4.    Regarding the applicant’s request that his records  be  corrected
to reflect battles and campaigns, we note the applicant’s records  were
administratively corrected to reflect his entitlement  to  the  WWIIVM,
the APCM, and the APCM w/1 BSS.  Therefore, in the absence of  evidence
of his entitlement to any  additional  awards  or  medals,  no  further
action by this Board is necessary.

_________________________________________________________________

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  that  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  Docket  Number  BC-2008-
03797 in Executive Session on 17 Sep 09, under the provisions of AFI 36-
2603:

                 Ms. Charlene M. Bradley, Panel Chair
                 Mr. Steven A. Cantrell, Member
                 Mr. Alan A. Blomgren, Member

The following documentary evidence was considered under the  provisions
of AFI 36-2603:

      Exhibit A. DD Form 149, dated 10 Jan 08, w/atchs.
      Exhibit B. Applicant's Available Master Personnel Records.
      Exhibit C. Letter, AFPC/DPSIDR, dated 20 Jul 09.
      Exhibit D. Letter, SAF/MRBR, dated 24 Jul 09.





      CHARLENE M. BRADLEY
      Panel Chair

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