RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-02151

	 	COUNSEL:  

	 	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

Her late husband’s records be corrected to show that he was awarded the Purple Heart (PH).

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APPLICANT CONTENDS THAT:

Her husband was awarded the PH during his 57 combat missions as a turret gunner during World War II.

The applicant states that she has the piece of shrapnel that was taken from her husband’s abdomen after his aircraft was badly damaged after a bomb run.  During his life, he was plagued with gastrointestinal problems and numerous surgeries, the last of which was for removal of his colon due to colon cancer.  He fought with distinction, valor and honor for his country and suffered the consequences of his service to his country for his entire life.  He was proud of his service and never once applied for any assistance through the Veterans Administration.

In support of the appeal, applicant submits extracts from the former servicemember’s military service records and her personal statement.

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

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STATEMENT OF FACTS:

The former servicemember served on active duty in the Army Air Corps from 21 July 1943 to 8 October 1945, as a B-26 top turret gunner.

A Clinical Record Brief, dated 29 April 1943, indicates that on 20 April 1943, he received a mild lacerated wound on his right wrist when a propeller broke off during flight at the Avon Park Bombing Range and flew through the fuselage striking his wrist.  His laceration was sutured and his injury found to be in the line of duty.

On 20 August 2002, the former servicemember’s records were administratively corrected to reflect award of the European-African-Middle Eastern Campaign Medal, with one Bronze Oak Leaf Cluster, and the World War II Victory Medal.

The PH is awarded for wounds received as a direct result of enemy actions (i.e., gunshot or shrapnel wounds, hand-to-hand combat wounds, forced aircraft bail out injuries, etc.).  In addition, it is necessary that the wound have required or received treatment by medical personnel.  Indirect injuries do not meet the criteria for award of the PH.

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AIR FORCE EVALUATION:

The Chief, Awards and Decorations Section, AFPC/DPPPR, reviewed the application and states, in part, that there is no evidence in the former sericemember’s records that supports that he was injured as a direct result of enemy action; therefore, he is not entitled to the Purple Heart (PH).

A complete copy of the Air Force evaluation is attached 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 27 September 2002, for review and response within 30 days.  However, 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.  After thoroughly reviewing the evidence of record and noting the applicant’s contentions, we are not persuaded that the former servicemember was injured as a direct result of enemy action.  To the contrary, the incident referenced by the applicant in support of her request occurred in Florida at the Avon Park Bombing Range and was the result of an accident, rather than the direct result of enemy action.  The personal sacrifice the former servicemember 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.  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 02-02151 in Executive Session on 7 January 2003 under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 3 Apr 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 23 Sep 02.
    Exhibit D.  Letter, SAF/MRBR, dated 27 Sep 02.