RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2007-01260
		INDEX CODE:  107.00
	
		COUNSEL:  NONE
		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  23 OCTOBER 2008

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APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH).

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APPLICANT CONTENDS THAT:

He should be awarded the Purple Heart for a gunshot wound to his right leg while in combat in Germany.

He is now disabled as a result of the bullet still in his leg.

In support of his appeal, the applicant provided copies of his discharge certificate, Army Separation Qualification Record, and his Enlisted Record and Report of Separation.

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

EXAMINER’S NOTE:  Subsequent to the Board’s decision on 13 Sep 07, a statement of support was received on 12 Oct 07.  Because the case was not finalized, the new evidence was sent to the Board for consideration.

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STATEMENT OF FACTS:

The following information was extracted from applicant’s reconstructed military and medical personnel record.  His Enlisted Record and Report of Separation, WD AGO Form 53-55, reveals 23 Apr 43 as the date of entry into active service and that he served as a radio operator.  He was credited with an overseas tour in Europe during the period 10 Mar 44 to 4 Nov 45.  Applicant’s Report of Separation reveals no wounds received in action.  On 18 Nov 45, the applicant was honorably discharged from the Army Air Corps in the grade of private first class under the provisions of AR 615-365 for convenience of the government (Demobilization).  He had completed a total of 10 months and 22 days of continental service and one year, eight months, and four days of Foreign Service.

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial.  The Purple Heart is awarded for wounds received as a direct result of enemy actions (e.g., gunshot or shrapnel wounds, hand to hand combat wounds, forced aircraft bailout injuries, etc.).  In addition, it is necessary that the wound required or received treatment by medical personnel.  Indirect injuries do not meet the criteria for award of the PH.  These include, but are not limited to, injuries received while seeking shelter from mortar or rocket attacks, aircraft bombings, grenades, and injuries incurred while serving as an aircrew member or in a passenger status as a result of the aircraft’s evasive measures against hostile fire.  

DPPPR reviewed applicant’s limited reconstructed military and medical personnel record and were unable to locate documentation that indicates his injuries were a result of enemy action or a special order awarding the PH.  They did find a form in the medical records dated 17 Nov 45, Item 11 which reads “Wound, penetrating, right leg, accidental gun shot injury, May 1945, 195th Corp Dispensary, Germany.”

The AFPC/DPPPR complete evaluation attached at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 27 Jul 07, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days.  To date, a response has not been received.

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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 thoroughly reviewing the evidence or record, we are not persuaded the requested relief should be granted.  The applicant’s contentions are duly noted; however, we do not find these assertions, in and by themselves, sufficiently persuasive to override the rationale provided by the Air Force.  The applicant’s personal sacrifice and unselfish service to his country is noted and our decision should in no way lessen his service; however, documentary evidence presented does not meet the criteria for award of the Purple Heart.  Therefore, in the absence of evidence to the contrary, we agree with the opinion of the Air Force and 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-2007-01260 in Executive Session on 13 September and 17 October 2007, under the provisions of AFI 36-2603:

	XXXXXXXXXX, Vice Chair
	XXXXXXXXXX, Member
	XXXXXXXXXX, Member

The following documentary evidence pertaining to Docket Number BC-2007-01260 was considered:

    Exhibit A.  DD Form 149, dated 17 Oct 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 29 Jun 07.
    Exhibit D.  Letter, SAF/MRBR, dated 27 Jul 07.
    Exhibit E.  Letter of Support, dated 3 Oct 07.

								XXXXXXXXXX
								Vice Chair