RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: 01-02310

	 	COUNSEL:  NONE

	 	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH).

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THE APPLICANT CONTENDS THAT:

He should receive the PH for wounds he received during World War II.

He was wounded on 25 January 1945, during a large bomb release at 22,000 feet when the bomb bay doors opened and his heated flight suit malfunctioned resulting in frost bite.  He was again wounded on 28 February 1945, when his aircraft crash landed and he was thrown against an ammunition container dislocating his hip and prostate.  At the time of his separation, he was asked if he had any medical problems then, not whether he had ever been wounded.  As a result, his report of separation incorrectly states that he was not wounded.

In support of the appeal, applicant submits his personal statement and extracts from his medical records.

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

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STATEMENT OF FACTS:

The applicant is a former Army Air Corps member that served on active duty from 31 August 1942 through 16 October 1945 as an aircraft gunner assigned to the 763rd Bomb Squadron, 455th Bombardment Group, 15th Air Force.

The PH is awarded for wounds received as a direct result of enemy action (i.e., gunshot or shrapnel wounds, hand-to-hand combat wounds, forced aircraft bail out injuries, etc.) that required or received treatment by medical personnel. 

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends the application be denied. AFPC/DPPPR states, in part, that there is no evidence in the applicant’s military records that supports that he was injured as a direct result of enemy action.  On 11 October 2001, AFPC/DPPPR provided the applicant the criteria for award of the PH and requested that he provide additional information to substantiate his claim.  The applicant did not respond to their request.

The AFPC/DPPPR evaluation, with attachment, is at Exhibit C.

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APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

Applicant’s response to the Air Force evaluation, with attachments, is at Exhibit E.

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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 probable error or injustice.  After thoroughly reviewing the evidence of record and noting the applicant’s contentions, we are not persuaded that he has been the victim of an error or injustice.  The personal sacrifice the applicant endured for his country is noted and our decision should in no way diminish the high regard we have for his service; however, insufficient documentary evidence has been presented to warrant awarding him the Purple Heart.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable 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.
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The following members of the Board considered this application in Executive Session on 5 February 2002, under the provisions of AFI 36‑2603:

	            Panel Chair
	            Member
	            Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 20 Aug 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 17 Dec 01.
    Exhibit D.  Letter, SAF/MRBR, dated 21 Dec 01.
    Exhibit E.  Applicant’s Response, w/atchs, dated 7 Jan 02.