RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-03018
		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:

He was wounded and never received the PH Medal.

In support of his request, applicant submits a handwritten statement from a former crewmember and a copy of Form 55, Clinical Record Brief.

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

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STATEMENT OF FACTS:

Applicant’s military personnel records reflect that the applicant served on active duty from 13 March 1943 to 31 August 1945.  He served an overseas tour in the Pacific from 4 June 1944 to 1 December 1944.  On 13 July 1944, he was injured in an aircraft accident, when the bomber he was in crashed during takeoff in China.  He sustained a fractured left forearm and severe burns on his right hand, left leg and left side of his face.  His report of separation (item 34), reflect no wounds received in action.  His decorations include award of the Asiatic-Pacific Campaign Ribbon, a Bronze Battle Star, and a Good Conduct Medal.

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial.  The applicant has not provided any documentation to show he was injured as a direct result of enemy action as required by the criteria.  He was in China, his aircraft crashed on takeoff, and he was injured in the accident.

Since the enemy played no part in the aircraft accident, the applicant is not eligible for award of the Purple Heart Medal.

The DPPPR evaluation, with attachments, 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 the applicant on 16 Jan 03 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.  After a thorough review of the applicant’s submission and the available evidence of record, we are not persuaded that he should be awarded the Purple Heart Medal.  The applicant appears to be asking for the PH as the result of being injured in an aircraft accident.  We cannot recommend awarding the PH on this basis. Award of the PH to crewmembers involved in aircraft mishaps still requires the wounds/injuries to have been the direct result of enemy action and necessitated medical treatment.  The available documentation does not confirm the applicant was wounded and received medical treatment for injuries sustained as a direct result of enemy action.  While we are not unmindful or unappreciative of the applicant’s service to the nation, in the absence of evidence to support that he was wounded as a result of enemy action, we agree with the opinion of the Air Force and find no compelling basis to warrant favorable consideration of this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of a 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 no considered with this application.

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The following members of the Board considered Docket Number BC-2003-03018 in Executive Session on 2 March 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 15 July 03, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPPPR, dated 15 Jan 04.
	Exhibit D.	Letter, SAF/MRBR, dated 16 Jan 04.