RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2007-03332
		INDEX CODE:  107.00
	 	COUNSEL:  NONE
		HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect award of the Purple Heart (PH) for injuries he received on or about 15 Aug 44.

_________________________________________________________________

APPLICANT CONTENDS THAT:

On 15 Aug 44, he received injuries to his ankle and a cut on his forehead when a shell exploded several yards to his left.

He was blown out of a jeep and into the road. 

In support of his request, the applicant provided medical documentation, a copy of his WD AGO Form 53, Enlisted Record and Report of Separation, and additional statements.

The applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was inducted into the Army Air Corps on 19 Aug 42.    He was discharged on 30 Nov 45 for convenience of the government.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIDR recommends denial.  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.  In addition, it is necessary that the wound required or received medical treatment by medical personnel.  Indirect injuries do not meet PH criteria.  Indirect injuries include but are not limited to disease, exposure, injuries received while seeking shelter from mortar or rocket attacks, aircraft bombings, grenades, and injuries incurred while serving as an aircraft member or in a passenger status as a result of the aircraft’s evasive measures against hostile fire.

 .

The complete DPSIDR evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 29 Feb 08 for review and comment within 30 days (Exhibit C).  As of this date, this office has not received a response.

_________________________________________________________________

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 complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

_________________________________________________________________

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.

_________________________________________________________________

The following members of the Board considered Docket Number BC-2007-03332 in Executive Session on 7 May 08, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, w/atchs, dated 20 Mar 07.
    Exhibit B.  Memorandum, AFPC/DPSIDR, dated 5 Feb 08.
    Exhibit C.  Letter, SAF/MRBR, dated 29 Feb 08.