RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01978
		INDEX CODE:  108.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be corrected to reflect award of the Purple Heart Medal and Bronze Star Medal.

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APPLICANT CONTENDS THAT:

His records reflect that he should have received the “Bronze Star.”

He broke his leg falling over a pile of bricks after being attacked by Italians throwing stone and bricks at him.  As a result, he should have been awarded the Purple Heart Medal.

In support of his appeal, the applicant provided an expanded statement, and extracts from military personnel records.

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

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STATEMENT OF FACTS:

Applicant’s military personnel records were being treated for mold by the National Personnel Records Center (NPRC).  His available records indicate that he enlisted in the Army of the United States (AUS), Air Corps, on 18 Aug 42.  He served overseas in the European Theater of Operations from 27 Nov 44 to 24 Jan 46.  

His available records also indicate that the applicant incurred a simple fracture of his left fibula on 14 Aug 45, after turning his ankle while walking on the road in Rome, Italy.

Applicant was honorably discharged on 2 Feb 46 under the provisions of AR 615-365 (Convenience of the Government) in the grade of staff sergeant.  He was awarded the Good Conduct Medal, European African Middle Eastern Theater Campaign Ribbon, American Theater Campaign Ribbon, and the World War II Victory Medal.

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AIR FORCE EVALUATION:

AFPC/DPPPR recommended denial indicating that their office informed the applicant that the “Bronze Star” entry in his records referred to the “bronze service star” for his European-Middle Eastern Campaign Medal for his unit’s participation in the North Apennines campaign, not the Bronze Star Medal.  

They also indicated that the applicant was also informed that his Report of Separation did not reflect any wounds received in action and that he had not provided sufficient information or documentation to consider his request for award of the Purple Heart Medal.  AFPC/DPPPR noted the applicant’s contention that he broke his leg from falling over a pile of bricks after being attacked by Italian men and children throwing stone and bricks at him.  However, they indicated that his military records show that he broke his leg accidentally while walking and turning his ankle on 14 Aug 45.  In their view, the applicant has not provided any information or documentation showing that he was wounded or injured as the result of enemy action; instead, his medical records show he was injured as the result of an accident.  Therefore, AFPC/DPPPR indicated that they were unable to verify the applicant’s eligibility for award of Purple Heart.  

A complete copy of the AFPC/DPPPR evaluation, with attachments, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the advisory opinion and furnished a response and which 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 notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt their rationale as the basis for our decision that the applicant has failed to sustain his burden that he has suffered either an error or an injustice.  No evidence has been presented which has shown to our satisfaction that the applicant met the established criteria for award of the Purple Heart Medal or the Bronze Star Medal.  In view of the above, and in the absence of clear-cut evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

4.  Based on the evidence presented, it appears that the applicant was entitled the bronze service star for his European-Middle Eastern Campaign Medal for his unit’s participation in the North Apennines Campaign, but it was not reflected on his separation document.  We have been informally advised by the OPR that upon receipt of the applicant’s military personnel records (MPR), his records will be administratively corrected to reflect his entitlement to the bronze service star.  Therefore, no further action is necessary concerning this matter.

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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-2003-01978 in Executive Session on 18 Nov 03, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 23 Jan 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 14 Oct 03    
    Exhibit D.    Letter, SAF/MRBR, dated 17 Oct 03.
    Exhibit E.  Letter, applicant, dated 24 Oct 03.