RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: 02-01338
			INDEX CODE 107.00
			COUNSEL:  None

			HEARING DESIRED:  Yes
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APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) for wounds received while saving the life of a young officer.
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APPLICANT CONTENDS THAT:

He has tried for some 20 years to be awarded the PH for his heroic action in his efforts to protect and save the life of a young soldier who was shot off his motorcycle just outside of Oran, Africa.  Enemy agents dressed in black hoods, capes and clothing came across an open field firing at this motorcycle rider, who was carrying some important papers in a brief case tied to his arm.  The young soldier was shot off his cycle and he (applicant) immediately drove to where the young soldier was lying in a muddy ditch.  He grabbed his M1-30 caliber rifle and his pistol and jumped in this ditch, with bullets flying around him.  He held the soldier in his arms while firing his rifle and pistol as enemy agents advanced firing at us.  He was almost out of ammunition with just two shells left out of the 15 bullet clip when he felt his right shoulder snap back.  He had been hit.  He would not be here today to write this letter of request but an Army truck with about 10 soldiers came by and thank God, chased the enemy away. 

In support of his request applicant submitted copies of personnel statements, and news articles. 

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

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STATEMENT OF FACTS:

Applicant served in the Army Air Corps as an officer during the period of 15 July 1942 to 15 December 1945, with an overseas tour in the European Theater of Operations during the period 20 May 1943 to 19 July 1945.  His report of Separation (WD AGO Form 53-98) reflects award of Bronze Star Medal, Soldier's Medal, and European-African-Middle Eastern Campaign Medal.  This was corrected with a DD Form 215 on 19 August 1997, adding the European-African-Middle Eastern Campaign Medal with 3 Bronze Service Stars, American Defense Service Medal, American Campaign Medal, and World War II Victory Medal.

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.

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AIR FORCE EVALUATION:

AFPC/DPPPR recommended denial.  Applicant states he was in Africa, when he witnessed an officer being attacked, and he fought off the assailants until assistance arrived, and the assailants ran away.  Applicant claims he was shot in the left shoulder during the incident.  He has presented several versions of this incident, some in which the victim died some in which the victim lived.  He did not provide any documentation showing that he was shot during this incident, that he received any medical treatment for a gunshot wound, or that his right shoulder bears a scar from a gunshot wound.

AFPC/DPPPR evaluation is attached 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 7 June 2002 for review and comment within 30 days.  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 an error or injustice.  After a thorough review of the evidence of record and the applicant’s submission, we are not persuaded that he should be awarded the PH Medal.  While the applicant's efforts to save the life of a young officer under attack were undoubtedly heroic, there are no medical records indicating that he received treatment for gunshot wounds, or that these alleged injuries were the direct result of enemy action.  In view of the above, we agree with the recommendation of the Air Force and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain his burden that he has suffered either an error or an injustice.  Therefore, we find no compelling basis to recommend granting the relief sought.

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 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 02-01338 in Executive Session on 18 July 2002, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 2 Apr 02, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPR, dated 29 May 02.
   Exhibit D.  Letter, AFBCMR, dated 7 Jun 02.