RECORD OF PROCEEDINGS 
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2004-01835
		INDEX NUMBER: 107.00

	XXXXXXX	COUNSEL:  XXX

	XXXXXXX	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) and his service aboard the His Majesty Troopship (HMT) be recognized on his discharge.

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THE APPLICANT CONTENDS THAT:

He was injured on 26 November 1943, when the HMT Rohna was sunk by a radio-controlled rocket-boosted bomb launched from a German bomber off the coast of North Africa.  Based on the secrecy of the War Department, he was unaware of what happened until 50 years later.

In support of the appeal, applicant submits the text of a congressional speech concerning the sinking of the HMT Rohna and a list of survivors.

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

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STATEMENT OF FACTS:

Applicant is a former member of the Army Air Corps who served on active duty from 31 October 1942 to 19 November 1945.

The PH is awarded for wounds received as a direct result of enemy actions (i.e., gunshot or shrapnel wounds, hand-to-hand combat wounds, forced aircraft bail out injuries, etc.).  In addition, it is necessary the wound required or received treatment by medical personnel.  Indirect injuries do not meet the criteria for award of the PH.

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends the application be denied and states, in part, that after careful review of applicant’s military records, they are unable to verify his eligibility for award of the PH.

The AFPC/DPPPR evaluation is at Exhibit C.

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APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

Counsel states the advisory opinion fails to understand that applicant was attached to the HMT Rohna during World War II, when a German missile hit it.

In further support of the appeal, counsel submits the comments from a fellow crewmember who was awarded the PH, taken from the Rohna Survivors Memorial Web page.

Counsel’s 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.  In this respect, we note the PH is awarded for wounds received as a direct result of enemy action and it is necessary the wound required or received treatment by medical personnel.  Applicant states he almost drowned on 26 November 1943, during the sinking of the HMT Rohna.  He further states that water was pumped from his lungs on the deck of the U.S.S. Pioneer and he was sent to sick bay for recovery.  A review of his Department of Veterans Affairs (DVA) records indicates he recently filed for compensation for Post Traumatic Stress Disorder (PTSD) resulting from the incident.  The personal sacrifice applicant endured for his country and his courage during the HMT Rohna tragedy is noted and our decision in no way diminishes the high regard we have for his service; however, his near-drowning is not considered a wound or injury and PTSD is not considered an injury that is the direct result of enemy action.  Therefore, in the absence of evidence that he was injured as a direct result of enemy action, we find no compelling basis to recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of 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-2004-01835 in Executive Session on 1 September 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 9 Mar 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 2 Aug 04.
    Exhibit D.  Letters, SAF/MRBR, dated 6 Aug 04.
    Exhibit E.  Letter, Counsel, dated 16 Aug 04, w/atchs.