RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2006-00190
		INDEX CODE:  107.00
		COUNSEL:  NONE

		HEARING DESIRED:  NO

MANDATORY COMPLETION DATE:  22 APRIL 2007

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APPLICANT REQUESTS THAT:

His records be corrected to show he was awarded the Purple Heart (PH) medal.

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APPLICANT CONTENDS THAT:

On August 26, 1944, he was on his third flying mission over Germany when two of the airplane engines were hit by flak and caught fire.  The pilot put the plane in a dive and the fire went out.  The plane ran out of gas and they bailed out in friendly territory.  He returned to England with 35 missions.

Three to four fingers of his left hand were wounded.  One finger was wounded so badly a French doctor had to cut some of the flesh off and he put stitches in the others.  After he returned to his unit he saw a doctor until his fingers were healed.  He was told he would not be entitled to the Purple Heart because his wounds did not require him to be admitted to the hospital.  His injuries were the result of being in action against the enemy; therefore, he should be entitled to receive the PH.  He meets the criteria.  

In his personal statement, the applicant references an article which he states he attached for review.  However, the article was not attached and no record exists that it was ever received.

In support of his request, the applicant submits a copy of his personal statement (unsigned), a copy of a list of his combat missions, and a copy of his separation document. The applicant's complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The following is the only available information pertaining to the former member’s service, extracted from documents provided by the Department of Veteran’s Affairs and the applicant.

The applicant was inducted into the Army of the United States on 10 July 1943, and entered active service on 31 July 1943.  He was assigned to duties in the Eastern Theater of Operations from 20 July 1944 to 8 May 1945, and he performed duties as an Automotive Equipment Operator.  He participated in the Air Offensive Europe, Ardennes, Central Europe, Northern France, and Rhineland Campaigns.  On 28 September 1945, he was honorably discharged in the grade of staff sergeant for the Convenience of the Government.  His separation document reflects he was awarded the European-African-Middle Eastern Ribbon with five bronze stars, the Air Medal with five oak leaf clusters, and the Good Conduct Medal.  He served 1 year, 3 months and 28 days of continental service, and 10 months and 3 days of foreign service.

In a VA rating decision dated 22 January 2005, the applicant was granted 30 percent compensation for service-connected, bilateral hearing loss.  

On 21 February 2006, the applicant was notified of his entitlement to the American Campaign Medal and the World War II Victory Medal, based on his time in service.

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AIR FORCE EVALUATION:

HQ AFPC/DPPPR recommends denial of the applicant’s request.  DPPPR states to be awarded the PH a member must provide documentation to support his wound was a direct result of enemy action and must have received medical treatment by medical personnel.  The applicant’s place of separation was a medical facility; however, block #34 of his separation document states wounds received in action as “none.”  DPPPR’s evaluation, with attachments, 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 for review and comment on 3 March 2006.  In a letter dated 19 April 2006, a congressman submitted his endorsement of the applicant’s request for the PH medal (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.  We took notice of the applicant’s contention that he should be awarded the Purple Heart for an injury sustained during his assignment in Germany; however, after a thorough review of his submission we are not persuaded that he should be awarded the Purple Heart Medal.  There is no evidence that the wound he alleges he sustained was a direct result of enemy action.  In addition, the applicant did not provide supporting documentation from eyewitnesses or testimony from other former members of his unit who were with him at the time that can account for his injury.  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-2006-00190 in Executive Session on 10 May 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.  Applicant’s Master Personnel Records.
	Exhibit C.  Letter, HQ AFPC/DPPPR, dated 23 Feb 06.
	Exhibit D.  Letter, SAF/MRBR, dated 3 Mar 06.
	Exhibit E.  Applicant’s Rebuttal, 19 Apr 06, w/atchs.