RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00040
		INDEX CODE:  107.00

		COUNSEL: 

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be awarded the Purple Heart Medal.

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APPLICANT CONTENDS THAT:

He was never awarded the Purple Heart after his B-17 aircraft was shot down by enemy fire and he received a shrapnel wound to his right knee and injured his back.

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

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STATEMENT OF FACTS:

Portions of the applicant's military personnel records were destroyed by fire in 1973 at the National Personnel Record Center (NPRC) in St. Louis, Missouri.  The available records indicate the following:

The applicant enlisted in the Army Air Corps on 29 January 1943 and was honorably discharged as an aviation cadet on 24 September 1943.

On 25 September 1943 he entered active duty in the Army Air Corps as a First Lieutenant.

On 7 February 1945, the applicant was reported as Missing in Action (MIA) over Austria.  The applicant was returned to duty on 24 February 1945.

On 6 January 1946, the applicant was honorably discharged in the grade of First Lieutenant, under the provisions of WD FR 1-5, Letter, HQ AAF Subject AAF Separation, dated 6 September 1945.  He served 2 years, 2 months, and 13 days of total active duty.

The Report of Separation (WD AGO Form 53-98) reflects “None” in item 30, Wounds received in action.

According to the applicant’s WD AGO Form 53-98 he received the following decorations and citations:  Air Medal with one Oak Leaf Cluster (AM w/1OLC), American Theater Ribbon, Victory Medal, and the European-African-Middle Eastern Theater Ribbon with four Bronze stars (EAME w/4BS).

A Department of Veterans Affairs (DVA) rating decision, dated 22 January 2003, indicates the applicant is currently receiving service-connected disability for the following:

	   Traumatic injury lumbosacral spine with chronic strain and degenerative disc disease - 40%

Fragment wound scar, right knee - 10%

Bilateral hearing loss - 20%

	   Tinnitus - 10%

The DVA determined the traumatic injury to the right knee with internal derangement, degenerative joint disease, and chondrocalcniosis recent arthroscopy had worsened and the applicant was granted an increase in his assigned percentage from 10% to 20%, effective 30 September 2002.  His overall combined compensable rating was 70%.

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AIR FORCE EVALUATION:

AFPC/DPPPR recommended denial.  They indicated the applicant states the VA rating for service-connected disability for his back and right knee prove he was injured during WWII.  However, the records show he was shot down and missing over Austria on 7 February 1945, was physically active in Budapest, Hungary, on or about 14 February 1945, and returned to duty on 24 February 1945.  There is no indication of the date he returned to military control.  He stated he was hospitalized for at least three weeks after his return to military control.  His records do not substantiate his claim.  VA doctors state that his knee injury/scar and back problems are as likely as not due to shrapnel wounds and parachute jump/landing.  The applicant has not provided sufficient information or documentation to substantiate his claim that he was wounded or injured as a result of enemy action on 7 February 1945.  Therefore, they are unable to verify his eligibility for award of the Purple Heart Medal.

The evaluation, with attachments, 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 forwarded to the applicant and counsel 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 an error or an injustice warranting award of the Purple Heart Medal.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  We note portions of the applicant’s service records were destroyed by fire in 1973 at the NPRC.  As a result, there is no indication in the available records to substantiate he had been injured as a direct result of enemy action.  The applicant’s Report of Separation (WD AGO Form 53-98) reflects “None” in Item 30, Wounds Received in Action.  His 15 November 1945 and 8 April 1946, physical examinations indicate no scar on his right knee and no problems with his back.  We note the applicant is currently receiving 70% disability compensation from the DVA for service-connected disability.  While DVA doctors indicate the applicant’s knee injury/scar and back problems are as likely as not due to shrapnel wounds and parachute jump/landing, the Board is of the opinion the applicant has not provided sufficient documentation to substantiate his claim.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of an error or an 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-2004-00040 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, dated 6 June 2003, w/atchs.
   Exhibit B.  Available Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPR, dated 2 March 2004, w/atchs.
   Exhibit D.  Letters, SAF/MRBR, dated 5 March 2004.

					   Panel Chair