RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: 02-02089

	 	COUNSEL:  

	 	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 be awarded the PH based on wounds he received in 1944, when a booby trap exploded.

The applicant states that while driving a truck during a clean-up of a parade ground with a group of Philippinos, a booby trap was thrown into the back of the truck and exploded.  He was hit behind his head by a piece of metal and still has a scar on his forehead from the incident.  He was treated at one of the field hospitals and was given documentation from the hospital; however, he has lost the documentation.  He still suffers the effects of the injury.

In support of the appeal, the applicant submits his personal statement and a copy of his report of separation.

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

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STATEMENT OF FACTS:

The applicant’s military records were destroyed by fire in 1973 at the National Personnel Records Center (NPRC) in St. Louis, Missouri.  Therefore, the following information has been obtained from the documentation provided by the applicant.

The applicant served in the Army Air Corps from 7 November 1942 to 20 December 1945 as a light truck driver.

A Report of Physical Examination of Enlistment Personnel Prior to Discharge, Release from Active Duty or Retirement, WD AGO 38, indicates the applicant was wounded in action on the left ear due to a shell wound on April 1945 at Luzon.

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 and states, in part, that the applicant’s comments indicate his injury was not sustained as a result of enemy action, but while he was on a cleaning detail of the parade ground.  The alleged injuries resulted from the accidental explosion of the booby trap which is not the direct result of enemy action and does not meet the criteria for award of the PH.  There is no evidence in the applicant’s medical or personnel records which proves he was injured as a direct result of enemy action.

The AFPC/DPPPR evaluation is at Exhibit B.

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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 4 October 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 his injuries were the direct result of enemy action.  The personal sacrifice the applicant endured for his country is noted and our decision in no way diminishes 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 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 02-02089 in Executive Session on 23 January 2003 under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 21 Jun 02, w/atchs.
    Exhibit B.  Letter, AFPC/DPPPR, dated 25 Sep 02.
    Exhibit C.  Letter, SAF/MRBR, dated 4 Oct 02.

                                   Panel Chair