RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-02505

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His record be corrected to reflect the award of the Purple Heart Medal.

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APPLICANT CONTENDS THAT:

During the Battle of the Bulge in Belgium, a German officer shot him with a german lugar, 9mm, at a close range of about thirty feet.  The wound was in his right chest area.  A medic in the area treated his wound with a wide bandage after putting sulfa on the wound.  The medic wrote his name and serial number in a tablet.

In support of his request, applicant submits a personal statement, a copy of the Enlisted Record and Report of Separation Honorable Discharge, and photos.

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

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STATEMENT OF FACTS:

Applicant’s military personnel records were destroyed by fire in 1973.  Therefore, the facts surrounding his separation from the Army Air Corp cannot be verified.

The available records reflect that the applicant served on active duty during the period 3 December 1942 through 28 October 1945.

VA provided a copy of the applicant’s Physical Examination conducted on 27 October 1945 prior to his discharge on 28 October 1945.  Item 11 on the Physical Examination form list all significant diseases, wounds, and injuries and state the circumstances under which wounds or injuries were incurred and date of onset shows only one item, is listed and that was an infected right arm.  

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AIR FORCE EVALUATION:

AFPC/DPPPR recommended denial.  The applicant has waited over 58 years, knowing that there was no medical documentation of a chest wound incurred in December 1944, before submitting a claim for award of the Purple Heart Medal.  His Report of Separation shows that he received no wound as a result of enemy action, and there is nothing on the separation physical showing a wound on the right chest.  He did not inform the doctor of such a wound when -received his discharge physical, and he did not inform VA of such an injury when they attempted to obtain his military medical records in 1946.  The applicant has not provided any documentation substantiating his claim that a German officer shot him during WWII.

AFPC/DPPPR evaluation is attached at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the evaluation and submitted photos, a statement in support of claim, entry physical examination and his separation physical examination.

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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 a thorough review of the applicant’s submission and the available evidence of record, we are not persuaded that he should be awarded the Purple Heart Medal.  We took notice of his complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  There was no evidence presented, other than his own assertions, which would lead us to believe that he was medically treated for any wounds incurred as a direct result of enemy fire.  We are not unmindful or unappreciative of his service to his Nation.  Should he secure supporting documentation from his medical records, from the Veterans Administration, or an account from an individual who eye witnessed his injuries, we would be willing to reconsider his application.  Otherwise, without persuasive evidence that he was wounded as a direct result of enemy action, we find no compelling basis to warrant favorable consideration of his application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of an 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 no considered with this application.

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The following members of the Board considered Docket Number 02-02505 in Executive Session on 15 January 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 8 Apr 02, w/atchs.
	Exhibit B.	Fire related documents.
	Exhibit C.	Letter, AFPC/DPPPR, dated 21 Oct 02.
	Exhibit D.	Letter, SAF/MRBR, dated 1 Nov 02.
	Exhibit E. Applicant’s Response, dated 11 Nov 02, w atchs.