RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-03635
		INDEX CODE:  107.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be corrected to reflect he was awarded the Purple Heart (PH) for injuries he sustained in World War II (WWII).

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APPLICANT CONTENDS THAT:

The aircraft he was in was hit by anti-aircraft fire.  The crew was forced to evacuate the plane by parachute.  He landed into a forest with thick and high-limbed trees.  His left knee was injured when it struck a tree limb.  He was captured by the Germans and was not provided any medical care.

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

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STATEMENT OF FACTS:

The statement of service in the applicant’s records reflects he was inducted in the Army of the United States (AUS) on 5 September 1942 and was discharged on 16 November 1945 due to demobilization.  He was a Prisoner of War (POW) from 22 March 1944 through 26 April 1945.  The applicant enlisted in the Regular Army on 17 October 1946 and was discharged on 22 August 1949.  On 14 September 1955, he enlisted in the Reserve of the Air Force and was called to active duty (AD) from 16-30 June 1956.  He was again called to AD from 10 December 1956 and was discharged on 24 September 1959.  The applicant enlisted in the Regular Air Force (RegAF) on 25 September 1959 and served on AD until he retired on 1 August 1972.  He served 21 years, 8 months and 24 days of active service.

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AIR FORCE EVALUATION:

AFPC/DPPPR states the PH is awarded for injuries or wounds incurred as a direct result of enemy action; specific details must be provided, as well as documentation showing the wound or injury received medical treatment.  The applicant has not provided any documentation to support his request for the PH.  He has not provided any information of a specific wound or injury, the date the injury or wound was incurred, or how the injury or wound was incurred as a result of enemy action.  The eyewitness statements the applicant provided do not provide adequate corroboration of the details of the applicant’s injury or the location of the injury.  Therefore, they recommend denial of applicant’s request.

A complete copy of the evaluation, with attachments, is attached at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 27 February 2004, a copy of the Air Force evaluation was forwarded to the applicant for review and response 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.  We took note of the documentation the applicant provided in support of his request.  However, this information does not substantiate the applicant had an injury that met the criteria for award of the PH.  While we are not unmindful or unappreciative of the applicant’s service to his Nation, in the absence of the evidence substantiating the applicant was injured as a direct result of enemy action, we find no compelling basis to recommend granting the relief sought in this application.

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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-2003-03635 in Executive Session on 7 April 2004, under the provisions of AFI 36‑2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, undated, w/atchs.
	Exhibit B.	Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPPPR dated 18 Feb 04.
	Exhibit D.	Letter, SAF/MRBR, dated 27 Feb 04.