RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00956
		INDEX CODE:  107.00

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

He be awarded the Purple Heart Medal (PHM) and it be added to his Report of Separation.

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APPLICANT CONTENDS THAT:

He was injured during World War II (WW II) and should have received the PHM.

In support of his appeal, the applicant has provided excerpts from a diary he kept during the war, copies of his honorable discharge, his separation qualification record, and a doctor’s statement.

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

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STATEMENT OF FACTS:

The 1973 fire at the National Personnel Records Center (NPRC) destroyed applicant’s records.  Based on available records applicant served on active duty with the Army Air Corps from 23 March 1943 to 6 October 1945 as an Armorer Gunner.  His separation qualification record states that the applicant had flown 61 missions before being separated on 6 October 1945.  His report of separation indicates that, during his career, he was awarded the Asiatic-Pacific Theater Ribbon with six Bronze Stars, the Good Conduct Medal, the Air Medal with one Oak Leaf Cluster and the Philippine Liberation Ribbon.  As a result of the applicants appeal it was found that he should have been awarded the American Campaign Medal and the World War II Victory Medal.  His records have been corrected to show these awards.

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AIR FORCE EVALUATION:

AFPC/DPPPR reviewed this application and recommended denial.  DPPPR states that the applicant’s records were destroyed in the 1973 fire and the applicant himself was not able to provide the documentation necessary to verify his eligibility for the PHM.  DPPPR notes that the applicant provided a doctor’s statement that stated that the applicant “…is suffering with a cracked saccro-bone near his coxic bone” but the doctor’s statement contains no information of how this occurred or when.  DPPPR notes that they informed the applicant of the criteria, including the documentation, necessary to process his claim for award of the PHM but state that they have not received anything from the applicant.  DPPPR cannot present the Purple Heart Review Board with the applicant’s request without the required documentation.

DPPPR’s complete evaluation, with attachment, 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 25 July 2003 for review and comment within 30 days.  As of this date, no response has been received by this office.

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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 evidence of record and applicant's submission, we do not find his uncorroborated assertions, in and by themselves, sufficiently persuasive to override the rationale provided by the Air Force.  The applicant provided no evidence to substantiate his initial claim and did not respond to a request by AFPC/DPPPR for additional information/documentation to substantiate his claim.  Consequently, we agree with the opinions and recommendation of the Air Force office of primary responsibility and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain his burden of having suffered either an error or injustice.  Therefore, in the absence of persuasive evidence to the contrary, we find no compelling basis to recommend granting the relief sought in 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 AFBCMR Docket Number BC-2003-00956 in Executive Session on 2 September 2003, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 16 Dec 02, w/atchs. 
    Exhibit B.  Applicant's VA Medical Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 1 Jul 03, w/atch.
    Exhibit D.  Letter, AFPC/DPPPRSP, dated 11 Jul 03, w/atch.
    Exhibit E.  Letter, SAF/MRBR, dated 25 Jul 03.

                                   
                                   Panel Chair