RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-03689
		INDEX CODE:  107.00
		COUNSEL:  

		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 on 1 March 1945, when a bomb exploded in his unit’s bomb storage area where he was working and the injuries were not annotated in his medical records.

In support of his request, applicant submits a personal statement, a list of witnesses, and a copy of his 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 reflect that the applicant served on active duty from 2 February 1943 to 30 September 1945.  He served an overseas tour in the European Theatre from 8 April 1944 to 7 May 1945.  On 1 March 1945, he was injured when a five-pound bomb accidentally discharged.  He sustained a lacerated left upper extremity, and a right shoulder fracture compound.  His decorations include award of the European Africa Middle Eastern Theater Ribbon with 2 Battle Stars, the Distinguished Unit Badge, and a Good Conduct Medal.

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial.  The applicant’s Certificate of Discharge clearly states the injuries causing his disability for active duty was caused by an accident.  Therefore, he does not qualify for the PH Medal.

The DPPPR evaluation is attached at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states that if the Board obtained pictures of the explosion it would understand what he went through.  He has had no luck getting his records corrected.  His records include a list of injuries.  His clothes were cut off after the explosion and were full of blood.  

His complete submission 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 applicant’s submission and the available evidence of record, we are not persuaded that he should be awarded the Purple Heart Medal.  The applicant’s records show that he was injured when a bomb accidentally discharged.  We cannot recommend awarding the PH on this basis.  Award of the PH 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-2003-03689 in Executive Session on 25 May 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 31 October 03, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPPPR, dated 27 Feb 04.
	Exhibit D.	Letter, SAF/MRBR, dated 5 Mar 04.
	Exhibit E.	Letter, Applicant, dated 25 Mar 04.