RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01901
		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:

He was injured when the towrope of the airplane that was being towed broke and struck him across both knees.  He was rushed to the hospital and was hospitalized for about two weeks.

He believes he is entitled to the PH because he received his injuries during wartime.

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

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STATEMENT OF FACTS:

Applicant’s military records were destroyed in the 1973 fire at the National Personnel Records Center (NPRC).

The available records reveal that the applicant served on active duty from 12 October 1942 - 3 December 1945.  He had an overseas tour in Europe from 28 March 1944 - 19 November 1945.  His Report of Separation reflects he was awarded the European-African-Middle Eastern Campaign Medal with one silver and bronze service star, Good Conduct Medal (GCM), Distinguished Unit Badge, and World War II Victory Medal.  The applicant is also entitled to the American Campaign Medal, which has been added to his Report of Separation.

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AIR FORCE EVALUATION:

HQ AFPC/DPPPR, on 26 June 2003, informed the applicant that he was not eligible for award of the PH.  The injuries the applicant sustained were not the result of direct enemy action.  They requested the applicant withdraw his request for award of the PH.  He did not respond. 

DPPPR further states by the applicant’s own admission, he was injured during an airplane towing incident.  Without documentation showing the applicant incurred an injury or wound as a direct result of enemy action, his eligibility for award of the PH cannot be verified.  Based on the information provided, DPPPR recommends denying the applicant's requests.

A complete copy of the Air Force evaluation is attached at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and states he understands the injuries he sustained were not the result of being on the front line.  The United States was actively engaged in World War II and all the soldiers were actively involved in the War whether they were flying, on the front line or back at the base preparing, repairing and supporting the aircraft.  He believes that his injuries were the result of wartime fighting in a different capacity than a front line soldier which should make him eligible for the PH.

Applicant’s response is attached 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.  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.  The applicant’s records indicate he was injured while assisting in the towing of a glider on the airstrip.  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.

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The following members of the Board considered AFBCMR Docket Number BC-2003-01901 in Executive Session on 7 October 2003, under the provisions of AFI 36‑2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 22 May 03, w/atch.
	Exhibit B.	Available Military Personnel Records.
	Exhibit C.	Letter, HQ AFPC/DPPPR, dated 21 Aug 03.
	Exhibit D.	Letter, SAF/MRBR, dated 29 Aug 03.
	Exhibit E.	Letter, Applicant’s Response, dated 13 Sep 03.