RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: 01-03495
		INDEX CODE:  107.00
		COUNSEL:  NO

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) Medal and Wound Chevron for his July 1944 service-connected wound and concussion in Normandy, France.

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APPLICANT CONTENDS THAT:

His record is in error because the patient rosters of the 508th  Fighter Squadron for July 1944 are not on file.  How many years must a man suffer before he is recognized for a job well done in the service of his country?  

In support of his appeal, the applicant provides copies of his discharge certificate; his WD AGO Form 53-55, Enlisted Record and Report of Separation; his AG Form 92, Extract from Sick Reports; his WD AGO Form 38, Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty or Retirement; his Veterans Administration (VA) Award of Disability Compensation or Pension; the Purple Heart and Wound Chevron information page; a personal statement and supporting statements.  The applicant’s complete submission, with attachments, is at Exhibit A. 

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STATEMENT OF FACTS:

The applicant was inducted into the Army Air Corps on 30 April 1942 and entered active duty on the same date.  He departed for the European Theater of Operations (ETO) on 23 March 1944.  While in the ETO he was assigned to the 508th Fighter Bomber Squadron as a parachute rigger and repairman.  He departed the ETO on 30 August 1945 and arrived in the Continental US on 8 September 1945.  

On 14 September 1945, prior to the applicant’s discharge, a physical examination was completed and findings were annotated on WD AGO Form 33, Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty Or Retirement.  WD AGO Form 33, Block 11, states “head injuries (bomb blast) concussion—July 44-Hq. 404th Flyer Group Disp. 14 days.”  He was honorably discharged on 15 September 1945 in the grade of sergeant with 1 year and 11 months of continental service and 1 year, 5 months and 16 days of foreign service.  His WD AGO Form 53-55, reflects that he participated in the Air Offensive in Europe, Ardennes, Normandy, Northern France and in the Rhineland campaigns.  His decorations include the Good Conduct Medal, the European-African-Middle Eastern Service Medal and the Belgium Fourragerre Citation.  

In a letter dated 4 June 1953, his record was corrected to reflect the American Campaign Medal, World War II Victory Medal, European-African-Middle Eastern Campaign Medal with one (1) Silver Service Star and one (1) Bronze Service Star, and the Distinguished Unit Citation Emblem.  In addition, he was advised that he was not eligible for the award of the Purple Heart.  

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends the application be denied.  DPPPR states that only those individuals injured by friendly fire while directly engaged in armed conflict, after 30 November 1993 are eligible for the Purple Heart Medal.  Since the applicant was not injured as a direct result of enemy action, and he was not injured by friendly fire while directly engaged in armed conflict, he is not eligible for award of the Purple Heart Medal.  DPPPR evaluation, with attachments, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 19 July 2002 for review and response.  As of this date, this office has received no response.

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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 error or injustice.  We took notice of the applicant’s contention that he should be awarded the Purple Heart for an injury sustained during the friendly bombing in Normandy, France, a B-26 bombing mission in Germany.  The applicant has provided no evidence to indicate that the injury sustained was the direct result of enemy action.  Absent sufficient documentation to support his eligibility for award of the Purple Heart, we find no basis to recommend granting the relief sought in this application. After a thorough review of his submission and the supporting documentation he provided, to include a letter from the squadron commander of the 404th Fighter Bomber Group, who indicates that the applicant was present when the ground attack occurred, this statement does not persuade us that he should be awarded the Purple Heart Medal.  There is no evidence of medical treatment for the wound he alleged he sustained or that the wound was a direct result of enemy action.  With respect to the applicant’s request for award of a Wound Chevron, other than the applicant’s assertions, we have seen no evidence he was authorized to wear this Device.  While we appreciate and honor the applicant’s service to his country, in view of the above and absent persuasive evidence showing his records are in error or unjust, the applicant’s request cannot be favorably considered. 

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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 23 October 2002, under the provisions of AFI 36‑2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 5 Sep 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 10 Jul 01 w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 19 Jul 02.