RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-00288
		INDEX CODE:  107.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be awarded the Purple Heart Medal.

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APPLICANT CONTENDS THAT:

On 11 January 1945, on a B-26 bombing mission to Houffalize, Belgium, he was positioned as a radio operator gunner when he encountered flak.  A piece of flak penetrated his flak jacket and bruised his shoulder.  It went down the back of his flight suit and stopped at the pocket and the heat scorched his handkerchief and burned his hip.

In support of his appeal, the applicant provided a statement from the pilot of the B-26, dated 3 December 2001, a letter from the co-pilot, dated 8 December 2001, and other documentation.

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

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STATEMENT OF FACTS:

During the time period in question, the applicant enlisted in the Army Air Corp on 24 April 1943.

On 21 October 1945, the applicant was honorably discharged in the grade of staff sergeant under the provisions of AR 615-365 RR 1-1 Demobilization.

Awards received during this enlistment are the Air Medal with six (6) Oak Leaf Clusters (OLCs), Good Conduct Medal, and European African Middle Eastern Service Medal with three (3) Bronze Stars.

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AIR FORCE EVALUATION:

AFPC/DPPPR recommended denial.  They indicated that to be awarded the Purple Heart (PH), a member must provide documentation to support he was wounded as a direct result of enemy action and must have received medical treatment by medical personnel.  There is no evidence in the applicant’s medical or personnel records, which were provided, that he had been injured as a direct result of enemy action.  

The evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the evaluation and provided correspondence from the pilot of the B-26 who indicates that on 11 January 1945, the applicant was injured by enemy flak over Houffalize, Belgium.  There is no doubt that the applicant was injured as a direct result of enemy action.  It is understandable that he wouldn’t have sought medical treatment for a mere bruise on his shoulder and burn on his hip - so the lack of medical records should not bar him from being awarded the Purple Heart.

Applicant’s complete response, 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 an error or an injustice warranting award of the Purple Heart Medal.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  We note the letter from the pilot of the B-26 bomber who indicates that the applicant was hit by flak and suffered a shoulder injury and a burn on his hip.  However, there is no indication in the applicant’s medical or personnel records to substantiate that he had been injured as a direct result of enemy action.  Also, his separation physical shows no physical defects.  The Board does recognize his extraordinary accomplishments in the defense of our nation during wartime, however, no documentation has been presented to substantiate that he was wounded as a direct result of enemy action.  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 an error or an 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 AFBCMR Docket Number 02-00288 in Executive Session on 21 May 2002, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 21 December 2001, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPR, dated 26 March 2002.
   Exhibit D.  Letter, SAF/MRBR, dated 5 April 2002.
   Exhibit E.  Letter, Applicant, dated 20 April 2002, w/atchs.