RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2006-00002
				INDEX CODE:  107.00
				COUNSEL:  NONE

				HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  7 JUL 07

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APPLICANT REQUESTS THAT:

His records be corrected to reflect he was awarded the Bronze Star Medal (BSM) and the Purple Heart (PH).
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APPLICANT CONTENDS THAT:

He was awarded the BSM and PH in combat and never received the medals.

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

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STATEMENT OF FACTS:

Applicant’s military records were destroyed in the 1973 fire at the National Personnel Records Center (NPRC).

The available records reflect the applicant enlisted in the Army of the United States (AUS) on 20 October 1942.

The WD AGO Form 38, Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty or Retirement, Item 10 lists Purple Heart and “No” as the response.  Item 11 reflects the applicant was wounded in action (WIA)-shrapnel wound-right leg-Germany-March ’45-treated no hosp. 

His records further reflect he was awarded the American Theater Campaign Ribbon, European African Middle Eastern (EAME) Theater Ribbon with three Bronze Stars, Good Conduct Medal (GCM), Army Occupational Ribbon (Germany), Victory Ribbon with two Service Stripes, Three Overseas Service Bars.

The applicant’s WD AGO Form 53-33, Enlisted Record and Report of Separation Honorable Discharge, Item 34 reflects the applicant did not receive any wounds while in action.

On 15 November 1946, the applicant was honorably discharged in the grade of technical sergeant.  He served 4 years and 21 days of active duty service.

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AIR FORCE EVALUATION:

HQ AFPC/DPPPR states for a servicemember to be awarded the PH, they must provide a detailed personal account, eyewitness statements, and medical documentation showing the wound received treatment by medical personnel and occurred as a direct result of enemy action.  The applicant stated he was injured during a combat mission.  HQ AFPC/DPPPR was unable to verify that his injury was a direct result of enemy action, nor has the applicant provided any medical documentation to support his request for award of the PH.

HQ AFPC/DPPPR further states for a servicemember to be awarded the BSM, they must while serving in any capacity with the Armed Forces of the United States on or after 7 December 1941, shall have distinguished themselves by heroic or meritorious achievement or service.  The applicant has not provided any documentation in support his request for award of the BSM.

HQ AFPC/DPPPR states after a thorough review of the applicant’s military personnel records, they were unable to locate any evidence of a recommendation for, or award of the BSM, nor were they any documents to verify the applicant was wounded as a direct result of enemy action.  Therefore, they recommend the applicant’s request for award of the BSM and PH be denied.

A complete copy of the Air Force evaluation is attached 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 10 March 2006, for review and response.  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 an error or an injustice.  After reviewing and noting the applicant's complete submission in judging the merits of his request for the BS and PH medals; we agree with the opinion and recommendation of the Air Force and adopt its rationale as the basis for our decision that the applicant has failed to provide persuasive evidence of an injury meeting the criteria for award of the PH or documentation verifying he was recommended or awarded the BSM.  However, should he provide documentation verifying he was recommended or awarded the BSM and sustained an injury which meets the criteria for the PH, the Board would be willing to review the materials for possible reconsideration.  Therefore, in the absence of evidence to the contrary, 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 AFBCMR Docket Number BC-2006-00002 in Executive Session on 18 April 2006, under the provisions of AFI 36‑2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 2 Nov 05, w/atchs.
	Exhibit B.	Available Military Personnel Records.
	Exhibit C.	Letter, HQ AFPC/DPPPR, 1 Mar 06.
	Exhibit D.	Letter, SAF/MRBR, dated 10 Mar 06.