RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: 01-03686

	 	COUNSEL:  NONE

	 	HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) and PH, with First Oak Leaf Cluster (PH, 1 OLC).

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THE APPLICANT CONTENDS THAT:

He is entitled to two PHs based on wounds he received as a direct result of enemy actions.

The applicant states that on 17 August 1942, at Port Moresby, New Guinea, he using a tractor to put planes in revetments, when he a bomb exploded during an air raid.  He was blown off the tractor by the blast of hot air from the exploding bomb and landed on his back.  He could not move and the tractor ran over him, throwing him aside, and rendering him unconscious.  He was immediately taken to the hospital were he received treatment for his injuries that included a cast from the waist down.  Although his medical records indicate that he had multiple abrasions, they do not state how he was injured.  The injury, however, was serious enough for the War Department to notify his mother by telegram.

The applicant also states that on 11 November 1943, he was again injured at Port Moresby, New Guinea, when a Japanese Zero came in strafing.  He dove off the dock and head for the bottom to get away from the bullets that were piercing the water around him.  In doing so, he hit the bottom and struck his head on a coral below, resulting in an open head wound.  After the air raid, he was treated at an Australian Regimental Aid Station where his wound was sutured.  He still has a scar from this injury.  Although his medical records indicate that he was swimming at Moresby beach, there was no beach and the only reason he was in the water was to avoid being strafed.

In support of the appeal, applicant submits a copy of his Enlisted Record and Report of Separation - Honorable Discharge, extracts from his medical records, and a letter from his Congressman.

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

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STATEMENT OF FACTS:

The applicant enlisted in the Army Air Corps on 30 November 1940 and entered active duty on 30 January 1941.

He was served in the Asiatic-Pacific theatre of operation, in the Papaun, New Guinea, and Bismarck Archipelago battles and campaigns.

A 17 August 1942, medical record entry indicates that the applicant was treated for multiple abrasions (generalized) that he incurred at seven mile aerodrome when a run-away tractor his him on 17 August 1942.

A 16 November 1943, medical record entry indicates that the applicant was treated for an infected forehead wound when he was cut by coral while swimming at Moresby beach on 11 November 1943.

The applicant was honorably discharged on 18 May 1945 in the grade of staff sergeant.

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. 

The applicant originally appealed to the Army Review Boards Agency (ARBA); however, on 15 April 2002, he was advised that the documentation he provided indicated that his injuries in both instances were accidental in nature, rather than the direct result of enemy action.  He was also advised that his request would be forwarded to the Board for consideration.

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends the application be denied and states, in part, that to be awarded the PH, a member must provide documentation to support that he was wounded as a direct result of enemy action that must have received medical treatment by medical personnel.  The ARBA reviewed the case and found no evidence in his medical and personnel records that he had been injured as a direct result of enemy action.  They support the ARBA’s decision.

The AFPC/DPPPR evaluation is at Exhibit C.

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APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 10 May 2002 for review and response within 30 days.  However, as of this date, no response has been received by this office.

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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.  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 (PH) and PH, with First Oak Leaf Cluster.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

4.  The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue(s) involved.  Therefore, the request for a hearing is not favorably considered.

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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.

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The following members of the Board considered Docket Number ?(DN) in Executive Session on 25 June 2002, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 16 Oct 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 2 May 02.
    Exhibit D.  Letter, SAF/MRBR, dated 10 May 02.