RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2004-00352

	XXXXXXXXX		COUNSEL:  VA

	XXXXXXX		HEARING DESIRED:  No
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APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) for injury received during World War II (WWII).
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APPLICANT CONTENDS THAT:

He bailed out after being shot down over the Ruhr Valley, Germany.  He injured his right knee on the parachute landing and VA recognized it as a service connected disability.  He believes he is entitled to a Purple Heart.  It is his understanding the Purple Heart can be issued for injuries sustained as a result of being shot down even though he did not receive shell fragments to his person.

In support of his request applicant submits a copy of a letter from SAF/MRBR, an honorable discharge certificate, and medical evaluation statements from the Department of Veterans Affair.

Applicant's complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

Applicant’s military personnel records were destroyed by fire in 1973.  Therefore, the facts surrounding his service in the Army Air Corp cannot be verified.

The available records provided by the applicant indicates that he served on Active Duty during the period 5 September 1942 through          18 December 1945 in the grade of 2nd lieutenant.  His Report of Separation reflects the award of the European-African-Middle Eastern Campaign Medal and the Air Medal with 1 Oak Leaf Cluster.

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AIR FORCE EVALUATION:

AFPC/DPPPR recommended denial.  The Purple Heart is awarded for wounds received as a direct result of enemy actions.  In addition, it is necessary that the wound required or received treatment by medical personnel.  A detailed personal account surrounding the injury, and if possible, an eyewitness account from an individual who saw you injured.  Indirect injuries do no meet the criteria for award of the Purple Heart.  These include, but not limited to, injuries received while seeking shelter from mortar or rocket attacks, aircraft bombings, and injuries incurred while serving as an aircrew member or in a passenger status as a result of the aircraft’s evasive measures against hostile fire.  

AFPC/DPPPR complete evaluation attached at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 2 June 2004, 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 that would indicate he should be awarded the Purple Heart.  We took notice of the applicant's complete submission in judging the merits of the case; however, evidence has not been presented which would lead us to believe that his injuries were incurred as a direct result of enemy fire.  Therefore, 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 been the victim of an error or injustice.  However, should he secure supporting documentation from his medical records, from the Veterans Administration, or an account from an individual who eye witnessed his injuries, we would be willing to reconsider his application for the Purple Heart.  Otherwise, without persuasive evidence that he was wounded as a direct result of enemy action, we find no compelling basis to warrant favorable consideration of his application.  In view of the above findings and in the absence of evidence to the contrary, we do not recommend favorable action on 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 not considered with this application.
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The following members of the Board considered Docket Number BC-2004-00352 in Executive Session on 27 July 2004, under the provisions of AFI 36-2603:
The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 18 Apr 04, w/atchs.
   Exhibit B.  Letter, HQ AFPC/DPPPRA, dated 28 May 04.
   Exhibit C.  Letter, SAF/MRBR, dated 2 Jun 04.

                                   Panel Chair