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AF | BCMR | CY2010 | BC-2009-03367
Original file (BC-2009-03367.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2009-03367
            INDEX CODE:  107.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect that he was  awarded  the  Purple  Heart
(PH) medal and that he received Combat-Related Special Compensation (CRSC).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He flew 35 combat missions and was shot down 3 times.  He  brought  his  10-
man crew home safely 35 times.  On 1 Sep 44, he injured  his  back  when  he
crash landed on a British Air Base in Pescara, Italy.   The  Flight  Surgeon
told him back surgery would be too risky and that he should  learn  to  live
with the pain.  He feels he should have qualified for the PH medal.

In support of his request, the applicant submits copies of a  flight  record
and a mission log.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant voluntarily retired for years of service  on  1  Nov  63.   He
served 20 years, 1 month and 24 days on active duty.

The applicant’s request for CRSC was previously  considered  and  denied  by
the Board on 22 Sep 05 and 4 Sep 07.

Purple Heart Criteria:  In accordance  with  Army  Regulation  (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 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.

The remaining relevant facts pertaining to this application, extracted  from
the applicant’s military records, are contained in the  letter  prepared  by
the appropriate office of the Air Force at Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPSIDR recommends  denial.   DPSIDR  states  there  is  no  official
documentation  located  within  the  applicant’s  official  military  record
verifying he  was  injured  by  direct  enemy  actions.   Additionally,  his
military  record  does  not  contain  any  official  medical   documentation
verifying he received medical treatment for a back injury during Sep 44.

DPSIDR  notes  the  applicant  has  not  provided  a  certified   eyewitness
statement to corroborate his claim  or  official  medical  documentation  to
validate medical treatment was needed or received.

The complete DPSIDR evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states there should be no question his  injury  was  a  direct
result of enemy  action.   His  records  from  the  Department  of  Veterans
Affairs should be accepted since his  service  records  from  World  War  II
(WWII) in Italy are incomplete.  He learned to live with his pain until  the
pain was so bad he had to be hospitalized for two  weeks.   He  is  a  lucky
survivor of 35 WWII missions and he thanks the Lord for another day.

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

_________________________________________________________________

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.  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 his injuries were incurred as  a  direct
result of enemy action.  The personal sacrifice the  applicant  has  endured
for his country is noted; however, his injuries do  not  meet  the  criteria
for the award of the Purple Heart medal.  In addition,  we  agree  with  the
previous determination of the Board his  injuries  were  not  combat-related
and therefore do not qualify for compensation under the CRSC  Act.   We  are
not unmindful or unappreciative of his service to the  Nation;  however,  in
the absence of documentary evidence to corroborate his  claim,  we  have  no
basis on which to favorably consider 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 this  application  on  18  Aug
10, under the provisions of AFI 36-2603:

      Panel Chair
      Member
      Member

The following documentary evidence was considered AFBCMR BC-2009-03367:

    Exhibit A.  DD Form 149, dated 29 Sep 09, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPSIDR, dated 20 Jan 10.
    Exhibit D.  Letter, SAF/MRBR, dated 5 Feb 10.
    Exhibit E.  Letter, Applicant, dated 16 Feb 10.



                                  Panel Chair

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