RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: 03-03193
		INDEX CODE:  107.00
		COUNSEL:  NO
		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 should have been awarded the PH for a wound he received to his right third finger.  

In support of his appeal, the applicant provides a copy of his 13 November 1944 physical examination for flying, and a transmittal letter from the Disabled American Veterans Office.  The applicant’s complete submission, with attachments, is at Exhibit A. 

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STATEMENT OF FACTS:

Applicant was inducted into the Army of the United States on 6 March 1942.  He was subsequently appointed an aviation cadet and following his successful completion of pilot training school, he was honorably discharged from enlisted status, his appointment as an aviation cadet was terminated and, on 7 January 1944, he was appointed a temporary second lieutenant, Army of the United States.  The applicant departed to the European Theater of Operations as a B-17 Pilot, from 7 May 1944 through 28 September 1944, when he returned to the Continental United States.  

On 8 January 1947, the applicant was released from active duty for the Convenience of the Government (Demobilization).  He was credited with 2 years, 7 months and 11 days of continental service and 4 months and 22 days of foreign service.  His discharge document shows he participated in the Air Offensive Over Europe; and the Normandy and Foggia-Naples campaigns.  He was awarded the European-African-Middle Eastern Service Theater Campaign Ribbon, the Air Medal with 2 oak leaf clusters and the Distinguished Unit Badge.  

Applicant continued to serve in the Air Force and Air Force Reserve until his retirement.  He was retired in the grade of major effective 1 November 1968.  He was credited with 20 years, 4 months and 1 day of active service for retirement.  

Based on the medical records provided by the Veterans Administration, a Physical Examination for Flying, dated 13 November 1944, was completed on the applicant citing a “wound, right 3rd finger, flak minor, July 44, first aid APO 520, recovered.  Denies all else in military service.”

By letter, dated 10 November 2003, the Awards and Decorations Section, advised the applicant that the 13 November 1944 Physical Examination for Flying is the only mention of his being wounded; however, there is no record in his military medical records that he was ever treated for a wound caused by the enemy.  Therefore, a detailed account of the circumstances regarding his injury or a copy of an official documentation showing he received medical treatment for the wound would be needed to substantiate his claim.  The applicant did not respond.   

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends the application be denied.  DPPPR states that there is no evidence in the applicant’s military personnel records that his wound required medical treatment.  On 10 November 2003, DPPPR requested the applicant provide additional information that would substantiate his request.  Applicant did not respond.  DPPPR is of the opinion that he is not entitled to the requested Purple Heart Medal.  The AFPC/DPPPR evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 5 March 2004, a copy of the Air Force evaluation was sent to the applicant for review and comment.  As of this date, this office has not received a response.

On 27 April 2004, a letter was forwarded to applicant requesting the applicant provide a detailed personal account of the circumstances surrounding his injury.  The applicant did not respond (see 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 contention that he should be awarded the Purple Heart for an injury he sustained to his right third finger.  After a thorough review of his submission to include his physical examination for flying which indicates a wound to his right third finger, this statement alone does not persuade us that he should be awarded the Purple Heart Medal.  On 27 April 2004, the applicant was asked to provide a detailed personal account of the circumstances surrounding his injury or if possible, provide testimonies from other members who could account for his injury.  He did not respond.  Therefore, in the absence of such evidence, 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 provided medical documentation substantiating his claim.  While we appreciate and honor the applicant’s service to his country, in view of the above and absent persuasive evidence showing his records are in error or unjust, the applicant’s request cannot be favorably considered.  
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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable 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 this application in Executive Session on 22 April 2004 and 1 June 2004, under the provisions of AFI 36‑2603:

The following documentary evidence for AFBCMR Docket Number 03-03193 was considered:

    Exhibit A.  DD Form 149, undated, w/atchs.
    Exhibit B.  Applicant's Available Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 1 Mar 04.
    Exhibit D.  Letter, SAF/MRBR, dated 5 Mar 04.
    Exhibit E.  Letter, AFBCMR, dated 27 Apr 04.