RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00854
		INDEX CODE:  107.00

		COUNSEL:  XXXXX
		          VETERANS SERVICE OFC

		HEARING DESIRED:  NO 

MANDATORY CASE COMPLETION DATE:  16 AUGUST 2006
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APPLICANT REQUESTS THAT:

Award of the Purple Heart (PH) for injuries sustained while flying on a combat mission in the Pacific Theater on 15 June 1944.
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APPLICANT CONTENDS THAT:

While assigned to the 372nd Bomb Squadron, 307th Bomb Group, he was wounded when flying on a combat mission over Moen Island (Pacific Theater).  He was treated for the injury at the base infirmary and returned to flying status.  He was awarded an Air Medal, with sixth bronze oak leaf cluster, for his actions on the same mission.  Award of the PH would place him in a higher priority group for obtaining Department of Veterans Administration (DVA) health care benefits.

In support of his request, counsel and applicant submit personal statements, with the applicant’s previously withdrawn 2002 DD Form 149, with attachments.  The applicant’s complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

Applicant's military personnel records were destroyed by fire in 1973.

The applicant’s Enlisted Record and Report of Separation reveals he enlisted in the Army Air Corps on 5 December 1942 in the grade of private.  He was progressively promoted to the grade of staff sergeant.  He participated in the Pacific Theater of Operation (PTO) during the period 23 October 1943 through 22 October 1944, and had completed 52 combat missions.

Information extracted from DVA records reveals the applicant was hospitalized during the period 2 December 1944-2 February 1945 at the Santa Ana Army Air Base Hospital, CA, for operational fatigue.  Progress Notes of 4 December 1944 indicate “no wounds, injuries, or serious illnesses while overseas.”

The applicant was awarded the Air Medal with one Silver Oak Leaf Cluster and three Bronze Oak Leaf Clusters, Distinguished Unit Badge, Good Conduct Ribbon, Asiatic Pacific Theater Ribbon, with one Silver Battle Star, two Overseas Service Bars, American Campaign Medal and the World War II Victory Medal.  His Enlisted Record and Report of Separation reflects no wounds received in action.  On 12 June 1945, the applicant was honorably discharged under the provisions of AR 615-365 (Demobilization) from the Army Air Force.  He was serving in the grade of staff sergeant and had completed a total of one year, six months and three days of continental service and one year and five days of foreign service at the time of discharge.

On 14 October 2002, the applicant initially submitted a similar appeal for award of the PH, AFBCMR Docket Number 03-00854.  On 31 March 2003, HQ AFPC/DPPPRA notified the applicant that they researched the Sick Reports and Morning Reports of the 372nd Bombardment Squadron, but his name was not on the sick list during the period 3 May-6 July 1944.  He was informed of the criteria for award of the PH and of his option to either submit additional information/documentation or withdraw his application.  He subsequently requested his appeal withdrawn.

On 14 February 2005, in lieu of submitting a second request for award of the PH, counsel resubmitted the applicant’s original application, dated 14 October 2002, with attachments, for Board consideration.
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AIR FORCE EVALUATION:

HQ AFPC/DPPPR recommends the application be denied.  DPPPR indicates that an entry on a DD Form 55F, US Army Progress Notes, dated 4 December 1944, states no wounds, injuries or serious diseases while overseas.  A search of the Morning and Sick Reports during June 1944 failed to show any entries for the applicant being injured.  He was provided the 1996 National Defense Authorization Act (NDAA) rules to apply for a decoration; however, he has not submitted any additional documentation or evidence to support his claim to the PH.  There is no detailed personal account of the circumstances surrounding the applicant’s injury to include specifics as to how he was injured.  Eyewitness statements have not been submitted to corroborate his claim of being injured on 15 June 1944.  The HQ 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 applicant on 22 April 2005 for review and response.  As of this date, no response has been received by this office (Exhibit D).
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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.  Applicant’s contentions were duly noted.  However, we did not find these uncorroborated assertions, in and by themselves, sufficiently persuasive to override the rationale provided by the Air Force office of primary responsibility.  To be awarded the Purple Heart, a member must provide documentation to support he was wounded by the enemy while in combat or as a direct result of enemy actions.  Indirect injuries do not meet the criteria for award of the Purple Heart.  We do not wish to deprive the applicant of an award to which he is entitled; however, based on the evidence before us, we have no recourse but to conclude that his request for the Purple Heart should be denied.
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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 25 May and 9 June 2005, under the provisions of AFI 36-2603:

	            Panel Chair
	            Member
	            Member

The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2003-00854.

   Exhibit A.  Letter from Counsel, dated 14 Feb 05, and DD Form
               149, dated 14 Oct 02, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPR, dated 19 Apr 05.
   Exhibit D.  Letter, SAF/MRBR, dated 22 Apr 05.

                                   
                                   Panel Chair