RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00504
		INDEX CODE:  107.00
		COUNSEL:  NONE

		HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) Medal.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was injured in Dussoldorph, Germany in August 1945 when the truck he was riding in struck a land mine.  He was hit with shrapnel in his shoulder, head and both legs. 

In support of his request, applicant submits a copy of page four of his Department of Veteran Affairs disability records, a copy of a letter from DVA, a personal statement on VA Form 21-4138, Statement in Support of Claim, a letter of support, a copy of WD AGO Form 53-55, Enlisted Record and Report of Separation, Honorable Discharge, and a copy of WD AGO Form 100, Army of the United States, Separation Qualification Record.

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

_________________________________________________________________

STATEMENT OF FACTS:

The former member’s military personnel records were destroyed by fire in 1973 at the National Personnel Records Center.  Applicant’s available records reflect that he served on active duty from 5 October 1942 through 29 March 1946.  He served four (4) years, five (5) months and twenty-five (25) days of active duty service.

He served in the European Theater of Operations from 10 May 1945 through 12 March 1946.  He was assigned to the 910th Air Engineer Squadron as a cook.  He was awarded the European-African-Middle Eastern Campaign Medal, Good Conduct Medal, American Campaign Medal, and the World War II Victory Medal.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommended the applicant's request be denied.  The applicant’s records were destroyed in the 1973 fire at the National Personnel Records Center.  However, DVA provided his service medical documents, which do not substantiate the applicant’s eligibility for the Purple Heart Medal.  Furthermore, the applicant has not provided sufficient detailed information or documentation to warrant submitting his case to the Purple Heart Review Board.

The DPPPR evaluation, with attachments, is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 11 July 2003 for review and comment within 30 days.  As of this date, no response has been received by this office.

_________________________________________________________________

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.  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, and should he secure supporting documentation or a notarized account from an individual who eye witnessed his injuries, we would be willing to reconsider his application.  Therefore, 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.

_________________________________________________________________

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.

_________________________________________________________________

The following members of the Board considered Docket Number BC-2003-00504 in Executive Session on 19 August 2003, under the provisions of AFI 36-2603:

			Panel Chair
			Member
			Member

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 31 Oct 03, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPPPR, dated 1 Jul 03, w/atchs.
	Exhibit D.	Letter, SAF/MRBR, dated 11 Jul 03.

	
	Panel Chair