RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2007-02835
								INDEX CODE:  100.00
								COUNSEL:  NONE

								HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

Her deceased husband’s records be corrected to reflect award of the Purple Heart (PH).

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APPLICANT CONTENDS THAT:

Her deceased husband did not receive the PH for injuries he sustained to his chest from flak.

In support of the appeal, applicant submits a copy of a Certificate of Death, WD AGO Form 53-55, Enlisted Record and Report of Separation Honorable Discharge, WD AGO Form 106, Request for Decoration and/or Citation, WD AGO Form 88, Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty or Retirement, and excerpts from her late husband’s available military personnel records.

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

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STATEMENT OF FACTS:

Applicant was inducted into the Army Air Corps on 26 Mar 46.  He served in the New Guinea, Bismark Archipelago, Eastern Mandates, and Southern Philippines Luzon Campaigns as an Aerial Photographer.  The Report of Separation issued in conjunction with his 9 Sep 45, honorable discharge indicates that he was awarded the Air Medal (AM) with four Oak Leaf Clusters (OLCs), the Asiatic-Pacific Campaign Medal w/4 Bronze Stars (BS), and the Philippine Liberation Medal w/2 BS.

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AIR FORCE EVALUATION:

AFPC/DPSIDR recommends denial of the applicant’s request for award of the PH.  AFPC/DPSIDR states, in part, that the applicant was recommended for award of the DFC for his actions from 30 Sep 44 to 10 Oct 44; however, the higher headquarters downgraded the award to an Air Medal w/5 OLCs.  To be awarded the PH, a member must provide documentation to support he was wounded as a direct result of enemy action and must have received medical treatment by medical personnel.  Further, the applicant did not provide the needed criteria to make a determination.

The AFPC/DPSIDR evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was forwarded to the applicant on 30 Nov 07, for review and comment, within 30 days.  However, 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 error or injustice that would indicate applicant should be awarded the PH Medal.  We took notice of his complete submission in judging the merits of the case; however, evidence has not been presented which would lead us to believe that he sustained injuries, incurred as a direct result of enemy fire, which meet the stringent requirements for award of the PH.  On 26 Oct 07, his records were administratively corrected to reflect award of the AM w/5 OLCs and the World War II Victory Medal.  We note, his entitlement to DFC has also been verified by the office of primary responsibility and his records will be administratively corrected to reflect award of that medal.  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 Docket Number BC-2007-02835 in Executive Session on 12 Feb 08, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 29 Aug 07, w/atchs.
    Exhibit B.  Applicant's Available Master Personnel Records.
    Exhibit C.  Memo, AFPC/DPSIDR, dated 18 Oct 07.
    Exhibit D.  Letter, SAF/MRBR, dated 30 Nov 07.