RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2002-03962
				INDEX CODE:  107.00
	APPLICANT 	COUNSEL:  None

	SSN		HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

His records be corrected to reflect he was awarded the Purple Heart (PH).
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APPLICANT CONTENDS THAT:

He was wounded while participating in a bombing mission against the Japanese on 23 January 1943, during World War II.

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

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STATEMENT OF FACTS:

Applicant’s military records were destroyed in the 1973 fire at the National Personnel Records Center (NPRC).

The available records reveal that the applicant served on active duty from 7 February 1941 - 1 November 1945.  He had an overseas tour in the Central Pacific from 18 July 1942 - 10 August 1943 and in China-Burma-India Theater from 5 March 1945 - 14 October 1945.  His records reflect he was awarded the Air Medal (AM) with 3 Oak Leaf Clusters (OLCs), the American Defense Service Medal, the Asiatic-Pacific Service Medal, the Good Conduct Medal (GCM), the Distinguished Unit Badge, and the American Service Medal.  On 1 April 2003, the World War II Victory Medal was added to his Report of Separation.

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AIR FORCE EVALUATION:

HQ AFPC/DPPPR, on 28 January 2003, provided the applicant with the criteria for the PH and informed him that since he was not 
injured as a direct result of enemy action, he was not eligible for award of the PH.  

In the applicant’s response of 18 February 2003, he stated his records were over 60 years old and the fire at the NPRC was over 30 years old, and it is an unfair and unjust requirement to expect him to provide documentation to substantiate his request.

DPPPR further states the primary criterion for award of the PH is that the individual be injured or wounded as a direct result of enemy action.  The applicant has not provided any documentation to show he was injured or wounded as a direct result of enemy action.  The documentation he submitted shows he bailed out of the aircraft due to an accident.  The applicant has not stated what injury or wound he incurred.  Furthermore, the documentation he provided states he survived the accident without injury.  Without documentation showing the applicant incurred an injury or wound as a direct result of enemy action, they cannot verify his eligibility for award of the PH.  Based on the information provided, DPPPR recommends denying the applicant's requests.

A complete copy of the Air Force evaluation is attached at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 4 April 2003, for review and response.  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 the existence of error or injustice.  We took note of the documentation the applicant provided in support of his request.  However, this information does not substantiate the applicant had an injury that met the criteria for award of the PH.  While we are not unmindful or unappreciative of the applicant’s service to his Nation, in the absence of the evidence substantiating the applicant was injured as a direct result of enemy action, we find no compelling basis to recommend granting the relief sought in this application.  However, should the 
applicant provide documentation substantiating he was injured as a direct result of enemy action, this Board would be willing to review the materials for possible reconsideration.

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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 BC-2002-03962 in Executive Session on 13 May 2003, under the provisions of AFI 36‑2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 11 Dec 02, w/atchs.
	Exhibit B.	Available Military Personnel Records.
	Exhibit C.	Letter, HQ AFPC/DPPPR, dated 24 Mar 03.
	Exhibit D.	Letter, SAF/MRBR, dated 4 Apr 03.