RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01478
				INDEX CODE:  107.00
				COUNSEL:  None

				HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

His records be corrected to reflect he was awarded the Purple Heart (PH).
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APPLICANT CONTENDS THAT:

The award was omitted at the time of his discharge.

He is now requesting the PH 59 years after the incident for the following reasons:

		a.  His health now requires special care from the Veterans Affairs (VA).

		b.  The cost of his VA service depends on a rating scale.

		c.  The Purple Heart will raise him from a seven to a three.

		d.  His service records were lost in the St. Louis fire.

		e.  The flight surgeon and intelligence officer both of whom could attest to the cited mission 13 in the personnel log and in the discharge papers are deceased.

		f.  Because of the space requirements required for other citations and awards, the PH was not listed.

		g.  Over the years orders for all his medals and citations have been misplaced or lost.

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

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STATEMENT OF FACTS:

During the time period in question, the applicant served on active duty from 7 January 1944 through 12 December 1945.  He had an overseas tour in Italy from 28 June 1944 through 11 July 1945.

He flew a total of 750 hours of which 55 were night flying and 250 were combat hours on 119 combat missions in the European Theater.  He flew in PT-10, BT-13, AT-6, P-40, P-47, A-36, P-51, L-4, B-25, and B-26 aircraft.  The records indicate all flying was without accident or mishap except that due to enemy action.

His Report of Separation indicates that his wounds received in action included glass from a shattered canopy in his left eye and a cut on his forehead in a crash landing in combat.  There are no dates indicating when these injuries occurred.

His records reflect he was awarded the European-African-Middle Eastern Campaign Medal (EAME) with five Bronze Service Stars, Silver Star Medal, Distinguished Flying Cross (DFC) with one Oak Leaf Cluster (OLC), Air Medal (AM) with seven OLCs and the Distinguished Unit Citation with one OLC.  The American Campaign Medal and World War II Victory Medal have been added to his Report of Separation.

On 24 March 2003, the Department of Veterans Affairs granted the applicant a 100 percent disability rating for Post Traumatic Stress Disorder (PTSD) but denied service connection for the bilateral hearing loss, tinnitus, Parkinson’s Disease, including as due to head trauma, and lose of vision in left eye.

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AIR FORCE EVALUATION:

HQ AFPC/DPPPR, on 10 June 2003, requested the applicant provide documentation to verify his eligibility for award of the PH.  He did not respond.  DPPPR further states the applicant’s records were not destroyed in the fire at NPRC in 1973; in fact, they are intact and extensive.  There is no evidence in the applicant’s records indicating he was recommended or awarded the PH.  Without detailed documentation showing the date of the injury and the injury was incurred as a result of enemy action, or any other pertinent information that meets the criteria for award of the PH, the applicant’s request cannot be processed through the Purple Heart Review Board.

Based on the information provided AFPC/DPPPR recommends denying the requested relief.

A complete copy of the Air Force evaluation is attached 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 8 August 2003, for review and response.  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.  We took note of the documentation the applicant provided in support of his request.  However, this information does not substantiate the applicant had an injury that met the criteria for award of the PH.  While we are not unmindful or unappreciative of the applicant’s service to his Nation, in the absence of the evidence substantiating the applicant was injured as a direct result of enemy action, 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, or if the applicant provides the kinds of additional information requested in the 10 June 2003 letter from HQ AFPC/DPPPRA.

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The following members of the Board considered AFBCMR Docket Number BC-2003-01478 in Executive Session on 23 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 18 Mar 03, w/atchs.
	Exhibit B.	Military Personnel Records.
	Exhibit C.	Letter, HQ AFPC/DPPPR, dated 23 Jul 03.
	Exhibit D.	Letter, SAF/MRBR, dated 8 Aug 03.

					
					Panel Chair