RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01655
		INDEX CODE:  107.00
	 	COUNSEL:  XXX

	 	HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) Medal and the Bronze Star (BS) Medal.

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APPLICANT CONTENDS THAT:

He was wounded in a German bomb attack at Leige, Belgium on 5 January 1945.  He claims entitlement to the BS Medal, which he claims to have been awarded in 1944.

In support of his request, applicant submits a personal statement, a copy of WD AGO Form 52-55, Enlisted Record and Report of Separation Honorable Discharge, and copies of letters relating to his service.

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

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STATEMENT OF FACTS:

The former member’s military personnel records were destroyed by fire in 1973.  The available records reflect the member enlisted in the Army Air Corps on 10 July 1941, and separated on 30 November 1945.  Member’s records show he served during World War II, with tours in Normandy, Northern France, Rhineland, and the Air Offensive in Europe.  He served 4 years, 4 months and 21 days of active military service.

His DD Form 214, Certificate of Release or Discharge from Active Duty, reflects award of the Air Force Good Conduct Medal, with Clasp, the American Defense Service Medal, the Distinguished Unit Badge, the European-African Middle Eastern Service Medal, and the American Theater Service Ribbon.

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AIR FORCE EVALUATION:

AFPC/DPPPR recommended the applicant's request be denied.  The applicant did not provide any supporting documentation to substantiate his claim for the PH Medal or the BS Medal.  He declares that while he was assigned in Leige, Belgium between October 1944 and January 1945, he was wounded and evacuated to a military hospital in London.  Applicant did not provide any documentation to support his claim and they did not find any conclusive evidence such as a citation or general order that would verify his entitlements to the BS Medal.

The DPPPR evaluation is attached at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Counsel states that applicant has provided evidence of his wounds in World War II by enemy action.  This was the baseline requirement for award of the PH Medal.  He also provided evidence of award of the BS Medal, which was not recorded because of loss, inadvertence, or incompetence by higher command, a common occurrence during combat actions in highly fluid unit movement situations.

In additional support of his appeal, his Counsel has provided a copy of a clinical report.

His complete submission, 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 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 PH Medal or the BS Medal.  In this respect, we note the BS Medal is awarded for heroism, meritorious achievement, or service, not involving participation in aerial flight, in connection with military operations against an armed enemy.  The evidence provided does not to show the applicant committed a heroic act, was recognized for meritorious achievement, or that he was officially recommended for award of the BS Medal.  In regards to the applicant’s request for award of the PH Medal, there was no evidence presented, other than his own assertions, which would lead us to believe that he was medically treated for any wounds incurred as a direct result of enemy fire.  The clinical report and the letters pertaining to the money order do not reveal the sufficient information to justify awarding the PH Medal.  Should the applicant secure documentation in support of his assertion in the form of statements of possible witnesses to the events under review; or, evidence from his medical records indicating the presence of wounds or scars, which could have been the result of injuries he indicates he suffered, the Board would reconsider his request for the PH medal.  Therefore, we find no compelling basis to warrant favorable consideration of the relief sought in this application.

4.  The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue(s) involved.  Therefore, the request for a hearing is not favorably considered.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of an 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-2004-01655 in Executive Session on 14 September 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 18 May 04, w/atchs.
	Exhibit B.	Applicant's Available Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPPPR, undated.
	Exhibit D.	Letter, SAF/MRBR, dated 16 Jul 04.
	Exhibit E.	Letter, DVA, dated 22 Jul 04, w/atchs.