RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2003-00806
INDEX CODE:  107.00 
XXXXXXXXXXXXXX				     COUNSEL: NONE

XXX-XX-XXXX					HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT: 

He be awarded the Purple Heart Medal with one oak leaf cluster.
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APPLICANT CONTENDS THAT:

He was injured in action on 20 March 1944 after the aircraft he was in had to crash-land in Italy.  He was also aboard another aircraft on 31 May 1944 that was shot down and had to crash-land in Yugoslavia.

In support of his application, the applicant provides a personal statement; copies of his medical records; and assorted newspaper clippings, articles, letters and a telegram concerning the plane crash in which he was involved.  The applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

On 13 January 1943, the applicant enlisted in the Regular Army at the age of 18.  The applicant was progressively promoted to the rank of technical sergeant (E-6).  He performed duties as a Radio Operator Mechanic Gunner.  He was assigned to duties in Italy on 20 March 1944 and returned to the United States on 22 October 1944.

The applicant’s military personnel records were destroyed in the 1973 fire at the National Personnel Records Center; however, the applicant’s available military medical records, provided by the Veteran’s Administration, indicate that on 29 March 1944, he sustained a sprained ankle and a head injury when the aircraft he was in crashed landed in Italy.  The records also indicate the applicant was in another plane crash in Yugoslavia; however, it is annotated that none of the crew sustained injury.  

The applicant was honorably discharged on 18 May 1945 because of physical disability and was issued a Certificate of Disability Discharge.  He served two years, four months and six days on active duty.

On 9 January 1946, the Veterans Administration awarded the applicant a disability compensation/pension based on a compensable rating of 50% for conditions associated with migraine headaches, which were residuals of the plane crash.

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial.  DPPPR states that the applicant has not provided any information or documentation showing that he was injured or wounded as a result of enemy action.  The first crash-landing was an accident, which the enemy did not cause.  The second crash-landing, in Yugoslavia, was successful, with none of the crew receiving any injuries.  There is no evidence, information, or documentation to show that the applicant was wounded or injured as a result of enemy action; therefore they are unable to verify his eligibility for award of the Purple Heart Medal with one oak leaf cluster.  

On 26 March 2003, DPPPRA informed the applicant that they were unable to verify his eligibility for the Purple Heart Medal and asked the applicant to withdraw his application.  On 5 November 2003, DPPRSP notified the applicant that a DD Form 215, Correction to DD Form 214, Certificate of Release or Discharge from Active Duty, was completed to correct his records by adding the American Campaign Medal and the World War II Victory Medal to which he was entitled.  

The AFPC/DPPPR evaluation is 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 21 November 2003 for review and response.  As of this date, this office has received no response.

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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 a thorough review of the available records, we found no evidence that the individual is eligible for the award of the Purple Heart Medal.  According to the evidence presented, the applicant was injured on 29 March 1944 when his aircraft crashed on take-off.  This incident does not meet the requirements for the award of a Purple Heart Medal because the crash was not as a result of enemy action.  We note the applicant also survived a second aircraft crash-landing on 31 May 1944; however, even the applicant, himself, states that he was not injured as a result of the crash.  There is no indication in his records that his injuries met the criteria for award of the Purple Heart.  The personal sacrifice the applicant endured for his country is noted and the recommendation to deny the requested relief in no way diminishes the high regard we have for his service.  Nevertheless, in view of the above, we find no basis to favorably consider 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 this application in Executive Session on 30 January 2004, under the provisions of AFI 36-2603:

		Panel Chair
		Member
		Member

The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2003-00806:

    Exhibit A.  DD Form 149, dated 26 Oct 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 4 Nov 03.
    Exhibit D.  Letter, SAF/MRBR, dated 21 Nov 03.

                                   
                                   Panel Chair