RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: 02-02690

			COUNSEL:  None

			HEARING DESIRED:  No
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APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) for wounds received during World War II (WWII).
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APPLICANT CONTENDS THAT:

During his transfer from the replacement center to 1155 AAF, his army records were not corrected to reflect the PH.

In support of his request applicant submits a copy of a certificate from a Legal Officer, dated 3 Sep 45 and the Bronze Star citation, and honorable discharge, statements from the VA, medical records and a letter from the Department of the Army Review Board. 

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 service in the Army Air Corp cannot be verified.

The available records indicate that the applicant served on Active Duty during the period 20 July 1942 through 30 September 1945, with an overseas tour in the Mediterranean during the period 23 December 1943 through 14 September 1945.  The applicant received the Bronze Star Medal on 4 October 1944.

On 8 October 2002, the Recognition Programs Branch, HQ AFPC/DPPPRA, requested the applicant to provide additional information relative to his alleged injury.  No response was received.

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AIR FORCE EVALUATION:

AFPC/DPPPR recommended denial.  Applicant’s available medical records show that he injured his thumb and that he was treated for exhaustion and psychoneurorosis.  There is no indication that he was wounded as a direct result of enemy action.  The citation for the applicant’s Bronze Star Medal does not mention that the applicant was wounded on 4 October 1944, and the applicant did not provide a date or any details regarding a wound or injury he received while overseas.  Furthermore, there is no explanation for a legal officer certifying that the applicant was entitled to the Purple Heart, instead of the applicant’s commander or someone in his chain of commander.  His case was not provided to the Purple Heart Review Board because of lack of information and documentation.

AFPC/DPPPR evaluation, with attachments, is attached 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 27 Nov 02, for review and comment.  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 he existence of an error or injustice.  Applicant’s military records are not available for review and based on the limited documentation submitted, we are not persuaded that he should be awarded the PH.  We noted the certificate prepared by the Legal Officer on 3 September 1945, indicating that the applicant was entitled to receive the PH for wound suffered while in action against the enemy; however, the details regarding his injuries are not provided.  If the applicant can provide the date and details regarding any wounds or injuries he suffered while in action against the enemy, we would be willing to reconsider his appeal.  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.  In view of the above findings and in the absence of evidence to the contrary, we do not recommend favorable action on this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of a 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 02-02690 in Executive Session on 12 February 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 13 Jun 02, w/atchs.
   Exhibit B.  Letter, HQ AFPC/DPPPR, dated 20 Nov 02, w/atch.
   Exhibit C.  Letter, SAF/MRBR, dated 27 Nov 02.