RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:		DOCKET NUMBER:  BC-2007-01642
		INDEX CODE:  107.00
	XXXXXXX				COUNSEL:  NONE
						HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: 26 JANUARY 2008

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APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) medal and any compensation associated with it.

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APPLICANT CONTENDS THAT:

On 4 March 1944, he injured his leg and shoulder in the first Berlin raid during World War II.  His brother was also wounded and received a $20.00 per month lifetime payment.  He believes he was the lone patient in the maternity ward in England but was later flown to the United States to complete his recovery in Texas.

The applicant's complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Data extracted from his available military records reflects that he served in the Army Air Corps from 1940 through 1946.  

The applicant was discharged in the grade of staff sergeant on 9 February 1946 with service characterized as general (under honorable conditions).  He served a total of 5 years, 3 months and 29 days on active duty.

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 bail-out injuries, etc.).  A recent change now extends the eligibility for award of the PH to former prisoners of war (POWs) that were held prior to 25 April 1962 and suffered wounds or injuries at the hands of their captors.  In addition, it is necessary that the wound required or received treatment by medical personnel. Indirect injuries do not meet 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.

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends the request be denied.  DPPPR states in order to be awarded the PH, the applicant must provide documentation to support that his wounds were a direct result of enemy action and the wounds received medical treatment by medical personnel.  DPPPR states no official documentation was submitted to verify he was injured as a direct result of enemy action. DPPPR states without official medical documentation, a certified eyewitness statement, or a detailed account to verify entitlement to the PH, his entitlement to the PH cannot be verified.

The complete DPPPR evaluation 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 on 17 Aug 07 for review and comment within 30 days.  As of this date, this office has received no response (Exhibit D).

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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 available evidence and the applicant’s complete submission, we find no evidence which would lead us to believe the applicant incurred an injury as a direct result of enemy action as required for award of the PH.  We are not unmindful or unappreciative of his service to his Nation.  Should he secure supporting documentation, we would be willing to reconsider his application.  Accordingly, in the absence of persuasive evidence to the contrary, we find no compelling basis to reccomend favorable consideration of his application. 

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of a material error or injustice; that the application was denied without a personal appearance; and 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 AFBCMR Docket Number BC-2007-01642 in Executive Session on 2 October 2007 and XX October 2007 under the provisions of AFI 36-2603:

The following documentary evidence pertaining to Docket Number BC-2007-01642 was considered:

	Exhibit A.	DD Form 149, dated 14 May 2007, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPPPR, dated 30 July 07
	Exhibit D.	Letter, SAF/MRBR, dated 17 August 2007.
	Exhibit E.	Letter, Applicant, dated 10 October 2007, w/atchs.