RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER:	BC-2008-02599 INDEX CODE:	107.00
COUNSEL:	NONE HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH).

APPLICANT CONTENDS THAT:
He was a Prisoner of War (POW) and should receive the PH.
In support of his request, the applicant provided a copy of his WG ADO 53-55, a Certificate of Service, and VA Form 21-4138, Statement in Support of Claim.

His complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:
It appears that the applicant’s military records were destroyed by fire at the National Personnel Records Center, St. Louis, MO, in 1973.

Data extracted from the reconstructed record reflects the applicant served from 3 August 1943 to 9 November 1945.

AIR FORCE EVALUATION:
AFPC/DPPPR recommends denial. DPPPR states that the PH is awarded for injuries as a direct result of enemy action. The applicant did not provide any medical records, except for the DVA documents, that document the incident or eyewitness statements that support his contentions. In order for him to be considered by the Purple Heart Review Board (PHRB), he must meet several criterion; 1) provide a personal statement of the specific event,
2) provide medical documentation reflecting the occurrence and any treatment received, and 3) if possible, eyewitness account of the incident who can confirm the episode actually happened.

The complete DPPPR evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 9 January 2009 for review and comment within 30 days. As of this date, this office has received no 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, evidence has not been presented which would lead us to believe that he meets the criteria for award of the PH. His contention regarding his POW status was duly noted; however, evidence has not been presented showing he incurred an injury while he was a POW meeting the criteria for award of the PH. Therefore, 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. 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 AFBCMR Docket Number BC-2008-02599 in Executive Session on 10 February 2009, under the provisions of AFI 36-2603:

Panel Chair 
Member 
Member

The following documentary evidence was considered:
Exhibit A.	DD Form 149, dated 11 July 2008, w/atchs. Exhibit B.	Applicant's Master Personnel Records.
Exhibit C.	Letter, AFPC/DPPPR, dated 8 December 2008. Exhibit D.	Letter, SAF/MRBR, dated 9 January 2009.