RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01473
		INDEX CODE:  107.00

		COUNSEL:  NONE

		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 injured his neck on 3 July 1944 while in London, England, as a result of a bombing by a German V2 flying bomb.  He also claims that on a separate occasion, he injured his right knee after defusing a bomb on an aircraft that had returned from a mission in Germany.

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

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STATEMENT OF FACTS:

The available records indicate the applicant enlisted in the Army Air Corps on 12 November 1941.

On 29 September 1945, the applicant was honorably discharged in the grade of staff sergeant under the provisions of AFM 39-10 - Convenience of the Government.  He served three years and seven months total active service.

The applicant’s WD AGO 53-55 - Enlisted Record and Report of Separation, indicates he received the following decorations and awards:  One Silver Campaign Star, One Bronze Campaign Star, American Defense Ribbon, Good Conduct Ribbon, and the European African Middle Eastern Theatre Ribbon.

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AIR FORCE EVALUATION:

AFPC/DPPPR recommended denial.  They indicated to award the PH, a member must provide documentation to support the wound received was a direct result of enemy action and must have received medical treatment by medical personnel.  The applicant did not provide sufficient evidence to support his claim for award of the PH.  The incident pertaining to an injury he incurred to his right knee while defusing a bomb, does not meet the criteria for award of the PH.  The applicant’s medical documentation states the applicant was treated for a sore neck, but there is no evidence in the applicant’s medical record that states this injury was a direct result of enemy action.  The applicant also believes he should receive award of the PH for an injury received to his right knee on a separate occasion after defusing a bomb.  This incident also does not meet the criteria for award of the PH; therefore, he is ineligible for award of the PH.

The evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the evaluation and indicates World War II veterans may have won the battle of Europe and the Pacific, but are fight a losing battle in the United States of America.  He states it is a crime that medical records during WWII were not reported properly or were far too brief.  Time was of the essence during WWII and reports were short.  The only proof is his medical records.

Applicant’s response, with attachments, 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 an error or an injustice warranting award of the Purple Heart Medal.  The applicant claims he injured his neck on 3 July 1944 while in London, England, as a result of a bombing by a German V2 flying bomb.  He also claims on a separate occasion he injured his right knee after defusing a bomb on an aircraft that had returned from a mission in Germany.  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.  The Board notes the PH is awarded for wounds received as a direct result of enemy action (i.e., gunshot or shrapnel wounds, hand-to-hand combat wounds, or forced aircraft bail out injuries due to the aircraft being shot down).  A member must provide a detailed personal account, eyewitness statements, and medical documentation to show the wound received treatment by medical personnel and occurred as a direct result of enemy action.  However, there is no indication in his service medical records to substantiate his claim.  Medical documentation does state he was treated for a sore neck; however, there is no evidence in his records which states this injury was a direct result of enemy action.  Also, the injury to his right knee while defusing a bomb, does not meet the criteria for award of the PH.  The personal sacrifice the applicant endured for his country is noted and our decision in no way diminishes the high regard we have for his service; however, insufficient documentary evidence has been presented to warrant awarding him the Purple Heart.  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 the evidence presented did not demonstrate the existence of an error or an injustice; the application was denied without a personal appearance; and 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 this application in Executive Session on 6 October 2004, under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number 2004-01473 was considered:

   Exhibit A.  DD Form 149, dated 17 July 2003, w/atchs.
   Exhibit B.  Available Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPR, dated 20 July 2004.
   Exhibit D.  Letters, SAF/MRBR, dated 30 July 2004.
   Exhibit E.  Letter, Applicant, dated 10 August 2004, w/atchs.