RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  	BC-2003-01738
		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:

During World War II on a mission to Ulm, Germany, the outside temperature at altitude was recorded at -65 degrees.  He had been in flight for over eight hours.  The sides of the airplane were open to allow gun placement.  He states that his ears were frozen and his inner ears had such intense pressure that upon landing the flight surgeon pierced both eardrums to relieve the pressure.  Between the volumes of noise caused by the airplanes, machine guns, along with the piercing of his eardrums, his hearing immediately became difficult and has continued to deteriorate.  While hospitalized in Wales, England, physicians who examined his ears indicated nothing could be done other than the use of hearing aids.  He was informed that he was eligible for the Purple Heart; however, he felt unworthy and refused the award due to other men who had sacrificed their limbs or who had other serious injuries.

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 on 16 February 1943.

According to the applicant’s WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty or Retirement) there is no reference to the applicant having been wounded or injured as a result of enemy action.  The form does indicate that he had an appendectomy and was hospitalized for three weeks in Warington, England.

On 7 October 1945, the applicant was honorably discharged in the grade of staff sergeant under the provisions of AR 615-365 (Convenience of the Government).

On 26 September 2003, AFPC/DPPRSP notified the applicant that he was entitled to the European-African-Middle Eastern Campaign Medal with one silver and one bronze service star, American Campaign Medal, and the World War II Victory Medal.  The awards are reflected on the applicant’s DD Form 215 (Correction to DD Form 214).

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AIR FORCE EVALUATION:

AFPC/DPPPR recommended denial.  They indicated that the applicant has not provided any information or documentation regarding a wound or injury incurred as a result of enemy action.  His medical records only contain documentation pertaining to his hospitalization in England for appendicitis from 25 June 1945 to 15 July 1945.  Without any specific information or documentation regarding an injury or wound incurred as a result of enemy action, they are unable to verify the applicant’s eligibility for the Purple Heart Medal.

The evaluation, with attachments, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 3 October 2003, a copy of the Air Force evaluation was forwarded to the applicant for review and response 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 an error or injustice.  The Board notes that the Purple Heart is awarded for wounds received as a direct result of enemy action (i.e., gunshot or shrapnel wounds, hand-to-hand combat wounds, or forced aircraft bail out injuries due to the aircraft being shot down).  There is no indication in the applicant’s service medical records to substantiate that he was injured as a direct result of enemy action.  The personal sacrifice the applicant endured for his country is noted and our decision in no way diminishes the high regard we have for his service; however, insufficient documentary evidence has been presented to warrant awarding him the Purple Heart.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of an 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-2003-01738 in Executive Session on 12 November 2003 under the provisions of AFI 36-2603:

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 19 May 2003, w/atchs.
   Exhibit B.  Available Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPR, dated 24 September 2003,
               w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 3 October 2003.

                                   Panel Chair