RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: 02-03474
		INDEX CODE:  107.00
		COUNSEL:  NONE
  	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) Medal.

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APPLICANT CONTENDS THAT:

He was a Prisoner of War (POW) and received an honorable discharge.  When he was shot down in July he was hit with shrapnel.  A German doctor operated on him for shrapnel wounds but did not keep a record.  

In support of his appeal, the applicant provides a personal statement, supporting statements from an ex-POW detailing events that transpired during captivity and from a member of the 463rd Bomb Group, an information sheet on the location of Prison Camps, a copy of missions completed by the 463rd Bomb Group, a copy of a Veterans Administration Former POW Medical History document and an excerpt of Public Law 104-106.  

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

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STATEMENT OF FACTS:

The applicant’s records were lost or destroyed and efforts at reconstruction have been, for the most part, unsuccessful.  The following is the only known information pertaining to the applicant's service and was extracted from the partially reconstructed record and from documents provided by the applicant. 

The applicant enlisted in the Army of the United States Air Corps on 15 February 1943.  He was a Prisoner of War from 19 July 1944 to 2 May 1945.  The applicant was honorably discharged in the grade of staff sergeant on 28 October 1945, for the Convenience of the Government (Demobilization).  

On 7 October 2002, after a review of his available military personnel record, the Recognition Programs Branch, determined the applicant was entitled to the following medals:  POW Medal, Good Conduct Medal, American Campaign Medal, European-African Middle Eastern Campaign Medal, and the WWII Victory Medal. 

By letter, dated 7 October 2002, the Recognition Programs Branch advised the applicant that his military records were thoroughly reviewed and that they were unable to verify that he was entitled to the Purple Heart. 

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends the application be denied.  DPPPR states that the applicant has not provided any specific or detailed information on any injury or wound incurred as a direct result of enemy action.  His claim is not supported by his VA records, which do not record any scar or mention him having been wounded by shrapnel during WWII.  

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states that he was a gunner on a B-17.  His plane was shot down.  He does not know how much more information he can give on the injury he incurred.  He was alone for at least two weeks and without his crew for six weeks.  He is over 80 years old.   Applicant’s letter, with attachments, 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.  We took notice of the applicant’s contention that he should be awarded the Purple Heart for an injury sustained while on a B-17 bombing mission in Europe.  After a thorough review of his submission and the supporting documentation he provided, to include a letter from a former POW detailing the events that transpired during their captivity, this statement does not persuade us that he should be awarded the Purple Heart Medal.  There is no evidence of medical treatment for the wound he alleges he sustained or that the wound was a direct result of enemy action.  In addition, the applicant did not provide any current medical evidence of scarring or other residuals of the asserted injury that would persuade us that he had an injury, which warranted the award of the Purple Heart Medal.  However, should the applicant obtain testimonies from other former POWs or members from his unit that were on the mission when he was shot down and can account for his injury, he may, of course, submit another request and the Board will review this new evidence.  While we appreciate and honor the applicant’s service to his country, in view of the above and absent persuasive evidence showing his records are in error or unjust, the applicant’s request cannot be favorably considered.
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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable 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 this application in Executive Session on 11 June 2003, under the provisions of AFI 36‑2603:

			Panel Chair
			Member
			Member

All members voted to correct the records as recommended.  The following documentary evidence for AFBCMR Docket Number 02-03474 was considered:

    Exhibit A.  DD Form 149, dated 14 Oct 02, w/atchs.
    Exhibit B.  Applicant's Available Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 16 Dec 02, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 3 Jan 03.
    Exhibit E.  Letter, Applicant, undated.