RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBERS:  BC-2003-00895
		INDEX CODE 107.00
	 	COUNSEL:  None

	 	HEARING DESIRED:  Yes

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APPLICANT REQUESTS THAT:

His WD AGO Form 53-55, Enlisted Record & Report of Separation, be changed in Item 6 to reflect “30th Photo Recon Sq,” rather than “13th Photo Tech Unit,” and in Item 34 to reflect he received wounds in action with the First Army on Omaha Beach [presumably to qualify for the Purple Heart (PH)].

[Note: Item 6 has been administratively corrected.] 

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APPLICANT CONTENDS THAT:

Service connected injuries were established upon his discharge. He assumes the fire destroyed his official records. 

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

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STATEMENT OF FACTS:

The applicant enlisted in the Army Air Corps and entered active duty on 4 Dec 42. 

The applicant was treated for minor acute illnesses, most often upper respiratory tract infections. In late May or early Jun 43 in South Dakota, he was involved in a motor vehicle accident when he swerved to avoid a dog and the Army truck he was driving overturned. He sustained a blow on the side of the head and a fractured finger, was hospitalized for observation following symptoms of headache and vertigo, and was released when he was symptom free. The applicant was also hospitalized for a week in Dec 43 for “nasopharyngitis, catarrhal, acute.” 

He served as an aerial photo-topographer in the European Theater of Operations (ETO) from 29 Jan 44 to 30 Oct 45. Battles and campaigns included the Air Offensive Europe, Ardennes, Central Europe, Normandy, Northern France and Rhineland.

No other entries are evident until the applicant’s discharge medical examination on 15 Nov 45.  Block 11 of the exam, which required the listing all significant diseases, wounds and injuries and the circumstances under which incurred, reflects “No history malaria, syphilis, dysentery, concussion.” The exam also noted in “Musculoskeletal Defects” a fractured finger on his left hand that was asymptomatic and non-disabling. No mention is made of any combat-related injuries including projectile, bomb blast, shrapnel, aircraft crash, etc.

The AFBCMR Medical Consultant provides more medical details in his advisory at Exhibit C.

The applicant was honorably discharged on 16 Nov 45 after 2 years, 11 months and 23 days of active service. His decorations include the American Service Medal, the Distinguished Unit Badge, the European-African-Middle Eastern Service Medal, the Good Conduct Medal, and the World War II (WWII) Victory Medal.

He was awarded a 10% rating from the Veterans Administration (VA) on 14 Nov 46 for migraine, well-marked, residuals of concussion.

A post-service medical entry dated 22 Sep 82 reported the applicant stated he had sustained “crush injuries” to his fingertips in Jun 44 during the Normandy Beach landing when he helped unload plasma from a barge. X-rays revealed traumatic arthritis.

In a 1 Aug 96 VA compensation evaluation, the applicant claimed that, in addition to the medals listed on his WD AGO Form 53-55 (see above), he received the PH, the Silver and Bronze Stars, and the Paris and Belgium Liberation medals. The applicant reported he witnessed a friend’s head blown away and the liberation of Buchenwald Concentration Camp. He also claimed to have been injured with a piece of shrapnel and sustained teeth damage at Saint Lo during a “back bombing” by US Army Air Corps planes in Jul 44. References were also made to an eye injury sustained from a B-17 belly landing during training. However, the available records contain no documentation regarding these issues.

A 14 Aug 96 VA Rating Decision granted 20% for traumatic arthritis of both hands, 10% for migraine (residual of concussion), but denied service connection for post traumatic stress disorder (PTSD). The report noted the truck accident was confirmed by service medical records but there was no evidence that the other incidents occurred, that the applicant was actually involved or injured in any way, or that he received the PH and the Bronze and Silver Stars. The record did not establish the applicant engaged in combat and his testimony was not supported by service records or his own personal documents.

A Department of Veterans Affairs (DVA) personal hearing was held on 30 Apr 97. According to the 19 Aug 97 Supplemental Statement of the case, the applicant testified that his primary duty was to interpret aerial photographs for the Army and he performed this duty on the ground. He denied participating in combat on the ground as an infantryman. He did participate in two aerial photographic missions prior to the actual invasion of Normandy. The evidence of record and the applicant’s testimony and arguments did not support his claim for service connection PTSD. The Statement concluded the applicant was not engaged in combat.

The applicant’s claims for PTSD have been repeatedly denied. He receives compensation from the DVA for migraine and traumatic arthritis of both hands.

On 22 Jan 04, HQ AFPC/DPPRSP advised the applicant that his separation document had been corrected to reflect “30th Photo Recon Sq” in Item 6. They also advised him that records reviewed by a medical consultant found no evidence he received any combat wounds or injuries qualifying him for the PH. He was asked to provide information or withdraw his request. The applicant did not respond.

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AIR FORCE EVALUATION:

The AFBCMR Medical Consultant provides details regarding the applicant’s medical history based on the available records. The Consultant concludes the military and DVA medical records, including those in the immediate post-war years, do not show any evidence the applicant received any combat wounds or injuries. Action and disposition in this case were proper and equitable reflecting compliance with Air Force directives. Therefore, denial is recommended.

A complete copy of the evaluation is at Exhibit C.

HQ AFPC/DPPPR advises they requested the applicant provide information/documentation showing he was injured or wounded in WWII to justify award of the PH. The applicant did not respond. They conclude that, as the applicant’s records did not indicate he was wounded or injured as a result of enemy action and he did not provide any information or documentation to substantiate his claim, his appeal should be denied.

A complete copy of the evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Complete copies of the Air Force evaluations were forwarded to the applicant on 30 Jan 04 for review and comment within 30 days.  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. The applicant’s request to have his separation document reflect he was a member of the 30th Photo Recon Sq has been accomplished administratively. Therefore, the only issue remaining for the Board’s consideration is whether his records should be changed to reflect he sustained combat wounds. After a thorough review of the evidence of record and the applicant’s submission, we are not persuaded this remaining portion of his appeal should be granted. The applicant’s contentions are duly noted; however, we do not find these uncorroborated assertions, in and by themselves, sufficiently persuasive to override the evidence of record and the rationale provided by the Air Force. Neither the available military and DVA medical records nor the applicant’s own submission substantiate his claims that he was wounded as a direct result of enemy action. In view of the above and absent persuasive evidence to the contrary, we conclude the applicant has not sustained his burden of having suffered either an error or an injustice and this appeal should be denied. Notwithstanding our decision, we acknowledge the applicant’s contributions to our country during a period of great peril.

4.	The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing 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 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 23 March 2004 under the provisions of AFI 36-2603:

			
The following documentary evidence relating to AFBCMR Docket Number BC-2003-00895 was considered:

   Exhibit A.  DD Form 149, dated 11 Mar 03, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFBCMR Medical Consultant, dated 8 Sep 03.
   Exhibit D.  Letter, HQ AFPC/DPPPR, dated 14 Jan 04.
   Exhibit E.  Letter, SAF/MRBR, dated 30 Jan 04.

                                                                      Panel Chair