RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: 02-02735

	 	COUNSEL:  NONE

	 	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be awarded the Purple Heart, with the First Oak Leaf Cluster (PH, 1 OLC).

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THE APPLICANT CONTENDS THAT:

He should be awarded the PH, 1 OLC, for injuries he sustained on the Okinawa landing.

The applicant states that on 1 April 1945, the landing craft he was in was veering sharply to avoid Japanese shelling during a landing on Okinawa.  When they hit the beach the boat tipped sharply to the right and boxes of ammunition were tipped and landed on his foot.  He went ashore with his unit; however, five days later, he was unable to walk.  When he was examined by the medics, he was told that had he not been treated, gangrene would have set in and he would have lost his foot.  While still in the hospital, an officer gave him an Oak Leaf Cluster saying it was to be attached to the PH ribbon that he already had.  He was later evacuated to a hospital at Guam on a hospital ship, the USS Comfort.

In support of the appeal, the applicant submits letters from his Congressmen and a copy of the USS Comfort Log Book (1 April 1945 through 30 April 1945) which lists him as a passenger and the injury (fractured left great toe) sustained on the Okinawa landing.

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

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STATEMENT OF FACTS:

The applicant’s records were destroyed by fire in 1973 at the National Personnel Records Center (NPRC); therefore, the following information is obtained from the documentation provided by applicant.

The applicant enlisted in the Army Air Corps on 2 April 1943 and was progressively promoted to the grade of corporal.

During the period 12 April 1944 through 13 November 1945, he served in the Pacific Theater of Operations.  He participated in the Luzpn, New Guinea, Southern Philippines, and Ryukyus Campaigns.

On 27 April 1945, he was awarded the Purple Heart (PH) for wounds received in action on 13 January 1945, during the Leyte Island Operation.

He was honorably discharged on 17 December 1945.  He completed 2 years, 8 months and 22 days of active service.

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 has not provided any documentation to substantiate his claim that he was wounded as a direct result of enemy action.  His injury on 1 April 1945 (i.e., fractured toe when an ammunition box fell during a landing operation), does not constitute an injury incurred as a direct result of enemy action; therefore, he is not eligible for another award of the PH.

The AFPC/DPPPR evaluation, with attachments, is at Exhibit B.

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APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The applicant states that his injury was caused by enemy fire.  The landing craft was taking evasive action to avoid Japanese shelling and the boat hit the beach at a sharp angle.  Since the landing craft was not damaged by the shelling, he was the only one in the boat affected by the landing.

The applicant’s complete response is at Exhibit D.

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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 he has been the victim of an error or injustice.  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 02-02735 in Executive Session on 10 March 2003 under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 26 Mar 02, w/atchs.
    Exhibit B.  Letter, AFPC/DPPPR, dated 21 Oct 02, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 1 Nov 02.
    Exhibit D.  Letter, Applicant, dated 8 Nov 02.