RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-02096
		INDEX CODE:  107.00

	XXXXXXX	COUNSEL:  NONE

	XXXXXXX	HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) medal for injuries sustained during World War II.

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APPLICANT CONTENDS THAT:

He was wounded while on a bombing mission.  He was flying right waist gunner position which was an open window at the time.  A shell burst beside the plane sent flak thru the right waist window grazing and cutting his right wrist and severing the wires connecting his electric gloves to his suit.  This caused his suit to short out, which at first got real hot and then his electric gloves and boots stop heating.  As a result, his fingers and toes were frozen.  He continued to man his gun position until he returned to England.  He was taken to the Base hospital where they bandaged his wrist and frozen areas.

Prior to his discharge from the hospital, two of his crewmembers came by and gave him a message from the captain to come and pick up his Purple Heart.  After his return to the States, he was awarded the Distinguished Flying Cross and he assumed his Purple Heart would follow, but it never did.

In support of his appeal, applicant submitted a personal statement; a copy of his WD AGO Form 53-55, Enlisted Record and Report of Separation Honorable Discharge and Discharge Certificate, dated 12 Sep 45; copies of newspaper articles surrounding the bomb raid in Germany; a copy of a medical record, dated 10 Mar 45; policy guidance for award of the Purple Heart medal and a letter from the county veterans service commission.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Applicant’s master personnel records reflect that he enlisted in the Army Air Corps on 2 Nov 42.  His highest grade held was staff sergeant.  Applicant was discharged on 12 Sep 45 and was credited with 2 years, 3 months, and 19 days of continental service.

Applicant was awarded the Distinguished Flying Cross, Air Medal, with 5 oak leaf clusters, Euro-African-Middle Eastern (EAME) Theater ribbon, with 4 bronze stars and the Air Force Good Conduct Medal.

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AIR FORCE EVALUATION:

HQ AFPC/DPPPR reviewed this application and recommended denial.  They indicated that the Purple Heart Medal is awarded for injuries suffered as a direct result of enemy action.  Indirect injuries do not meet the criteria for the Purple Heart.  Exposure to frostbite is not considered a condition for which award of the PH is appropriate.  Air Force policy is to not award the PH for frostbite because it is considered to be an indirect result of enemy action which is caused by exposure to climatic elements. 

A complete copy of the evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reiterated his original contentions and provided further explanations of the circumstances surrounding his injuries he sustained during World War II.

Applicant’s complete response 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 evidence of record and applicant's complete submission, a majority of the Board was not persuaded that his arguments, in and by themselves, are sufficiently persuasive to override the rationale provided by the Air Force.  The majority of the Board believes the injuries the applicant received (frostbite) do not meet the criteria for award of the Purple Heart (PH) Medal.  The PH medal is awarded for injuries suffered as a direct result of enemy action.  Therefore, a majority of the Board agrees with the opinion and recommendation of the Air Force office of primary responsibility and adopts the rationale expressed as the basis for their decision that the applicant has failed to sustain his burden of having suffered either an error or injustice.  In the absence of evidence to the contrary, a majority of the Board finds no compelling basis to recommend granting the relief sought in this application.

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RECOMMENDATION OF THE BOARD:

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

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The following members of the Board considered AFBCMR Docket Number BC-2003-02096 in Executive Session on 19 February 2004 and 4 March 2004, under the provisions of AFI 36-2603:

By a majority vote, the Board recommended denial of the application.  XXXXXX voted to grant, but he does not wish to submit a Minority Report. The following documentary evidence pertaining to BC-2003-02096 was considered:

	Exhibit A.  DD Form 149, dated 15 May 03, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, HQ AFPC/DPPPR, dated 13 Jan 04.
	Exhibit D.  Letter, SAF/MRBR, dated 16 Jan 04.
	Exhibit E.  Letter, Applicant’s Response, dated 20 Feb 04.

                                   

AFBCMR  BC-2003-02096

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

SUBJECT:  AFBCMR Application of XXXXXXX, XXXXXXX

	I have carefully reviewed the evidence of record and the recommendation of the Board members.  A majority found that 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.