RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01232
		INDEX CODE:  107.00
		COUNSEL:  NONE

		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:

On 24 June 1944, he was forced to make an emergency parachute jump from an airplane disabled by enemy fire.  He hit the ground hard and suffered a neck injury.  He did not see a physician while in the combat zone.  However, his injury was confirmed by the Department of Veteran Affairs (DVA) to be a cervical strain suffered by contact with an instrumentally of war.  This statement, if made to the physician in Italy would have resulted in the award of the PH. 

Upon his return to military control, others who had injuries were seen by the flight surgeon and documentation authorizing the PH was initiated, but he was never able to complete this process.  

Facts surrounding his injury were never considered by the appropriate authority. 

He needs the PH to be eligible for concurrent receipt of his retired pay and disability compensation.

In support of his request, applicant submits a personal statement.

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

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STATEMENT OF FACTS:

Applicant’s military personnel records reflect that the applicant served on active duty as a commissioned officer from 15 January 1944 through 31 May 1971 and retired in the grade of Lieutenant Colonel.  He served 20 years and 6 months of active duty service.

He served in Europe on 28 May 1944 and was shot down and became a prisoner of war (POW) on 24 June 1944.  He was returned to military control on 27 Aug 1944 and returned to the U.S. on     12 September 1944.  He is entitled to the Air Medal, European-African-Middle Eastern Campaign Medal, American Campaign Medal, and the World War II Victory Medal.

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AIR FORCE EVALUATION:

AFPC/DPPPR recommended the applicant's request be denied.  He has not provided any documentation or corroborating statements from individuals with firsthand knowledge of such an injury.

His military medical records show he was admitted to the hospital in Florida as an administrative admission for determination of physical fitness; he exhibited anxiety and psychosomatic symptoms.  He was diagnosed as having severe Operational Fatigue.

On 14 November 1945, while hospitalized for operational fatigue, his cervical spine was examined and found to be “negative for old or recent injury.”  His bones, joints, and muscular system were found to be normal.  On 11 January 1945, the applicant was examined for determination of physical fitness and the first mention of a neck injury (sprain), is made by the applicant to the examining physician.  His 27 Aug 1945 physical examination and subsequent examinations until his retirement in 1971 make no mention of any neck or back injury.  His retirement physical of  1 February 1971, includes an orthopedic consult in which the applicant claims of neck pain and mid-back pain dating back to 1944 that resolved itself over a period of two-and one-half months.  His range of motion was found to be unrestricted at the time.  The applicant has not provided any documentation or statements from witnesses with firsthand knowledge that he was injured as a direct result of enemy action or any other documentation to substantiate his claim.  His medical records do not support his claim.  Therefore, his eligibility for award of the PH cannot be verified.

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states that the advisory opinion is not entirely correct.  The advisory refers to his retirement physical and the radiological consult and it’s findings contained there in, but omits any reference to the conclusion that he was diagnosed to have suffered a cervical strain.  There were no fractured bones.  The injury he sustained was a strain, which is an injury to the soft tissue that is undetectable by radiological and the objective tests.  

He believes the retirement exam illustrates the difference.  Although the examinations conducted at St. Petersburg failed to find an injury, they confirmed that he was seeking treatment for a painful neck on or before 14 November 1944.  

Since his statement and records are consistent, the Board should find that his claim is substantiated and direct that action be taken accordingly.

Applicant’s complete submission, with attachments, 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.  After a thorough review of the applicant’s submission and the available evidence of record, the majority of the board was not persuaded that he should be awarded the Purple Heart Medal.  There was no evidence presented, other than his own assertions, which would lead the board majority to believe that he was medically treated for any wounds incurred as a direct result of enemy fire.  We are not unmindful or unappreciative of his service to his Nation.  Should he secure supporting documentation or a notarized account from an individual who eye witnessed his injuries, we would be willing to reconsider his application.  Otherwise, without persuasive evidence that he was wounded as a direct result of enemy action, the majority of the Board finds no compelling basis to warrant favorable consideration of his application.
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THE BOARD RECOMMENDS THAT:

A majority of the Board finds insufficient evidence of error or injustice and recommends the application be denied.

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The following members of the Board considered Docket Number BC-2003-01232 in Executive Session on 17 July 2003, under the provisions of AFI 36-2603:

A majority of the Board voted to deny the application.  XXXXXXX voted to correct the records but elected not to submit a minority report.  The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 5 Mar 03, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPPPR, dated 20 May 03, w/atchs.
	Exhibit D.	Letter, SAF/MRBR, dated 23 May 03.
	Exhibit E. Letter, Applicant, dated 17 Jun 03, w/atchs.

	

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
			      FOR CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  AFBCMR Application of APPLICANT, BC-2003-01232

	I have carefully reviewed the evidence of record and the recommendation of the Board members.  A majority found that the applicant had not provided sufficient evidence of error or injustice and recommended the case be denied.  I concur with that finding and their conclusion that relief is not warranted.  Accordingly, I accept their recommendation that the application be denied.

	Please advise the applicant accordingly.