RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-02470
		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:

A fifty (.50) caliber shell exploded and his hands, face, and eyes were burned from the powder.

In support of his appeal, the applicant provided an account of two missions and other documentation.

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 September 1943.

Medical records reflect that on 3 March 1945, the applicant was diagnosed with superficial burns to the central portion of the cornea (right eye) and superficial multiple burns about his face and neck, moderately severe.  The injuries were incurred on return from an operational mission on 26 February 1945 when a .50 caliber shell exploded in the B-17 when cartridges fell on the floor.

On 23 April 1946, the applicant was honorably discharged in the grade of staff sergeant under the provisions of AR 615-365 RR 1-1 (Convenience of the Government/Demobilization).

The applicant received the following awards: the Air Medal, Good Conduct Medal, American Theater Service Medal and European African Middle Eastern Service Medal.

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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 that wounds were a direct result of enemy action and that the wounds required or received medical treatment by medical personnel.  The applicant indicated in his description of the event, that he was not awarded the Purple Heart because his injuries were not due to enemy action.  There is no evidence in the applicant’s medical or personnel records, which proves he was injured as a direct result of enemy action.  A .50 caliber shell exploded and his hands, face, and eyes were burned from the powder, after he was ordered to throw out everything to make the plane lighter, due to the aircraft going low on fuel.

The evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant provided a response, with attachments, which 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.  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.  According to the applicant’s medical records his injuries were not sustained as a direct result of enemy action.  In this respect we note that apparently returning from an operational mission, he was ordered to throw everything out of the plane to make it lighter because the aircraft was low on fuel.  As a result of this action, a .50 caliber shell exploded and his hands, face, and eyes were burned from the powder.  By his own admission, there was no enemy action involved in this incident.  While we wish to recognize the applicant’s sacrifices in defense of our nation during a time of war, 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 AFBCMR Docket Number 02-02470 in Executive Session on 21 November 2002, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 24 July 2002, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPR, dated 7 October 2002.
   Exhibit D.  Letters, SAF/MRBR, dated 11 October 2002.
   Exhibit E.  Letter, Applicant, dated 25 October 2002, w/atch.