RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: 03-00599
		INDEX CODE:  107.00
		COUNSEL:  NO

		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:

During an altitude mission combat flight in February 1945, he suffered frostbite to the left of his face.  

In support of his appeal, the applicant provides copies of his Physical Examination for Flying dated 26 Sep 45, Report of Physical Examination dated 11 Oct 45, Report of Medical Examination dated 23 Jan 51, Clinical Report dated 6 Aug 45, Purple Heart Review Board Report of Proceedings, copy of missions flown and a copy of the applicant’s Congressional correspondence.

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

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STATEMENT OF FACTS:

The applicant enlisted in the Air Force Reserve Corps for Aviation Cadet Training on 27 October 1942 in the grade of E-1 (Private).  On 10 June 1944, he was appointed an aviation cadet and entered into Aviation Cadet (Air Crew) Training.  On 17 December 1944, he was appointed a second lieutenant, Army of the United States, Air Corps and entered active duty on same date.  

The applicant departed for the European Theater of Operations (ETO) on 9 October 1944.  While in the ETO he was assigned to the 449th Bomber Group and performed his duties as a Navigator.  He departed the ETO on 6 May 1945 and arrived in the Continental US on 15 May 1945.  His separation document shows he participated in the following campaigns:  Air Combat Balkans, Rome-Arno, Northern Apennines and Po Valley Central Europe.  He was awarded the European-African-Middle Eastern Theater Ribbon, Distinguished Flying Cross and the Air Medal with three oak leaf clusters.

Applicant continued to serve in the Air Force Reserve in an active and inactive status until his transfer to the Honorary Retired Reserve Section in the grade of captain effective 22 June 1964.  He had completed a total of 21 years of honorable service.

In a letter dated 1 May 2003, AFPC/DPPRSP corrected the applicant’s record to reflect the American Campaign Medal, World War II Victory Medal, and the National Defense Service Medal (Exhibit F).

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends the application be denied.  DPPPR states that the applicant provided one document, his 11 Oct 45 physical examination that mentions frostbite.  His previous examination, on 26 Sep 45, which is almost identical, has no mention of frostbite.  None of his service medical records show that he was ever treated for frostbite.  DPPPR states that the Purple Heart Review Board recommended disapproval because frostbite is not a qualifying condition for award of the Purple Heart Medal, and the applicant did not provide any documentation showing he was wounded or injured as a direct result of enemy action.

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant is certain that his injury was sustained during a bomb run over an enemy target.  The enemy flak was very intense disabling the electrical system, which electrified his flight suit and goggles.  Due to the severe cold temperature, frost between his goggles and oxygen mask began to accumulate.  When he returned to base, he was examined by the squadron flight surgeon who advised him that if he surgically removed the frost bitten area, it would leave a scar.  Anxious to depart the area, he asked the doctor to leave it alone.  Applicant’s letter 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.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  The applicant contends that he should be awarded the Purple Heart for an injury sustained while on a combat flight in February 1945.  However, he has provided no evidence to indicate that the alleged condition he sustained was the direct result of enemy action.  After a thorough review of his submission and the supporting documentation he provided, to include his 11 October 1945 report of physical examination that lists frostbite as part of his medical history, the evidence does not persuade us that he should be awarded the Purple Heart Medal.  There is no evidence of medical treatment for the frostbite he alleges he sustained or that the condition was a direct result of enemy action.  More importantly, the Air Force office of primary responsibility has stated that frostbite is not a qualifying condition for award of the Purple Heart.  In the absence of evidence indicating that the applicant sustained an injury that met the criteria for award of the Purple Heart Medal, we agree with the opinion and assessment of the Air Force office of primary responsibility concerning the applicant’s request for the Purple Heart Medal.  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 is not 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 9 July 2003, under the provisions of AFI 36‑2603:

		Panel Chair
		Member
		Member

The following documentary evidence was considered for AFBCMR Docket Number 03-00599:

    Exhibit A.  DD Form 149, dated 9 Jan 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 17 Apr 03 w/atchs.

    Exhibit D.  Letter, SAF/MRBR, dated 9 May 03.
    Exhibit E.  Letter, Applicant, dated 12 May 03, w/atchs.
    Exhibit F.  Letter, AFPC/DPPRSP, dated 1 May 03, w/atch.

                                   
                                   Panel Chair