RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-02859

		COUNSEL:  NONE

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His record be corrected to reflect the award of the Purple Heart (PH).

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APPLICANT CONTENDS THAT:

He was injured during an air raid on Munda, Solomon Islands by a Japanese bomber.  He was treated for facial injuries in a field hospital located on Munda, Solomon Islands.  

In support of his request applicant submits a personal statement, copies of a request pertaining to military records, report of physical examination prior to discharge, and an honorable discharge certificate.

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

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STATEMENT OF FACTS:

Applicant’s military personnel records were destroyed by fire in 1973.  The available records reflect that the applicant entered the U.S. Army Air Corps on 14 October 1942 and served until     20 December 1945.  

On 29 December 2003, the Recognition Programs Branch, HQ AFPC/DPPPRA, requested the applicant to provide additional information relative to his alleged injury.  No response was received.

There is no entry of injury found in his military records and Item 34 on his Report of Separation, Wounds Received in Action reflects “None.”  Without the detailed account of the circumstances regarding his injury, medical documentation to prove his injury required or received treatment, and any eyewitness statements proving injury, DPPPR unable to verify the applicant’s eligibility for the award of the Purple Heart.

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AIR FORCE EVALUATION:

AFPC/DPPPR reviewed the applicant’s request and recommended denial.  To be awarded the Purple Heart (PH), a member must provide documentation to support that wounds were a direct result of enemy action and that the wounds required or received medical treatment by medical personnel.  There is no documentation in his military personnel record to indicate that his wounds were as a direct result of enemy action. 

AFPC/DPPPR complete 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 applicant on 19 March 2004 for review and comment 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 error or injustice that would indicate he should be awarded the Purple Heart.  We took notice of the applicant's complete submission in judging the merits of the case; however, evidence has not been presented which would lead us to believe that his injuries were incurred as a direct result of enemy fire.  Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  In the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.  

4.  The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue involved.  Therefore, the request for a hearing is not favorably considered.

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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 Docket Number BC-2003-02859 in Executive Session on 3 June 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 1 Sept 03, w/atchs.
   Exhibit B.  Applicant's VA Records.
   Exhibit C.  Letter, HQ AFPC/DPPPR, dated 16 Mar 04.
   Exhibit D.  Letter, SAF/MRBR, dated 19 Mar 04.