RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2004-00894
INDEX CODE:  107.00 
	XXXXXXXXXXXXXXXXX				COUNSEL: NONE

	XXXXXXXXXXX					HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT: 

Item number 30 on his WD AGO Form 53-98, Military Record and Report of Separation Certificate of Service, be corrected to show he was wounded in action, and that he be awarded the Purple Heart (PH) Medal.

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APPLICANT CONTENDS THAT:

He was wounded in action on 30 March 1946 and spent one and one-half years in the hospital.  He doesn’t understand why he didn’t receive the PH.  

In support of his application, the applicant provides copies of a Department of Veterans Administration (DVA) reconsideration decision; his Certificate of Service documentation, Proceedings of Army Retiring Board for Officers, a letter from his state Senator with attachment, and a letter from the Army Review Board Agency.  The applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant’s military personnel records were destroyed in the 1973 fire at the National Personnel Records Center; however, the applicant’s available military medical records, provided by the Veteran’s Administration (VA), indicate the applicant served in the Army from 26 July 1943 to 4 October 1947.  After attending the required training, he was assigned duties as a Bombardier and was appointed a flight officer.  The applicant served in the Pacific from 26 June 1945 to 3 May 1946.  The VA records indicate that on 30 March 1946, the applicant sustained a gunshot wound to the right leg and a piece of shrapnel was imbedded in his right thumb.  

The applicant was honorably discharged on 4 October 1947.  He served 2 years and 16 days as a flight officer of which 10 months and 8 days was foreign service.  

In his most recent Department of Veterans Affairs (DVA) Rating Decision dated 23 December 2003, the applicant was granted disability compensation/pension based on a combined compensable rating of 30% for residuals of gunshot wound to the right tibia with fracture and retained metallic foreign bodies at 30%; traumatic arthritis of the right knee, status post total knee replacement associated with residuals of gunshot wound to right tibia with fracture and retained metallic foreign bodies at 30%; traumatic arthritis of the right ankle associated with residuals of gunshot wound to right tibia with fracture and retained metallic foreign bodies at 20%; scar, residuals of shell fragment wound to right thumb at 0%; and scars, mid thighs, donor sites at 0%.  

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial.  DPPPR states the applicant provided documentation proving he sustained wounds to his right leg and right thumb after being ambushed by an unknown party twenty miles from Manila.  The PH is awarded for wounds incurred as a direct result of enemy action.  Supporting documentation states the applicant was ambushed by an unknown party; therefore, they are unable to determine the applicant was, in fact, wounded by the enemy.  The DPPPR evaluation is at Exhibit C.  

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 25 June 2004, for review and comment within 30 days (Exhibit D).  As of this date, this office has received no response.

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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.  Sufficient relevant evidence has been presented to demonstrate the existence of injustice.  We are persuaded by the applicant’s assertions concerning his documented injury and the newspaper article he has provided that it is possible he was indeed wounded by an enemy of the United States while stationed in the Philippine Islands.  Accordingly, in recognition of the applicant’s service to the nation, it is our opinion that any doubt should be resolved in the applicant’s favor.  Therefore, we recommend the records be corrected as indicated below.  

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that he was awarded the Purple Heart for injuries he received in action against an enemy of the United States, on 30 March 1946, while stationed in the Philippine Islands.

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The following members of the Board considered this application in Executive Session on 16 November 2004, under the provisions of AFI 36-2603:
All members voted to correct the records, as recommended.  The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2004-00894:

	Exhibit A.  DD Form 149, dated 19 Feb 04, w/ atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFPC/DPPPR, dated 14 Jun 04.
	Exhibit D.  Letter, SAF/MRBR, dated 25 Jun 04.

									

AFBCMR BC-2004-00894

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

		The pertinent military records of the Department of the Air Force relating to 
XXXXXXXXXXXXXXXXXXXXXX, be corrected to show that he was awarded the Purple Heart Medal for injuries he received in action against an enemy of the United States, on 30 March 1946, while stationed in the Philippine Islands.