RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2008-03797
		INDEX CODE:  107.00
		COUNSEL:  NONE

	 	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

The applicant’s request is not clear.  However, it appears he is requesting the following:

1.  His records be corrected to reflect his entitlement for award of the Purple Heart (PH).

2.  His records be corrected to reflect he participated in battles and campaigns (The applicant’s request was administratively corrected to reflect his entitlement to the World War II Victory Medal (WWIIVM), the Asiatic-Pacific-Campaign Medal (APCM), and the APCM w/1 Bronze Service Star (BSS).

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APPLICANT CONTENDS THAT:

His records should reflect the actual events of his service.

In support of the request, the applicant provides excerpts from his available military personnel records.

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

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STATEMENT OF FACTS:

The applicant’s available records reflect that he enlisted in the Army 12 Aug 42 to 23 Dec 44.  On 15 Sep 43, he was injured when the C-47 aircraft in which he served as radio operator crashed and caught fire in Burma while in the performance of military duties.  He received second and third degree burns to his lower extremities, his hands, and left ear.

On 26 Feb 44, a Medical Evaluation Board (MEB) convened and determined the applicant was unfit for continued military service.  The MEB recommended he be transferred to a general hospital in the United States for treatment and disposition.  On 27 Mar 44, he was returned to the United States for continued treatment of his wounds.

On 23 Dec 44, he was honorably discharged and received a Certificate of Disability Discharge.

In accordance with Army regulations (AR) 600-45, Decorations, dated 22 Sep 43, during the period in question, the PH was awarded for wounds received in action against an enemy of the United States, or as a direct result of an act of such enemy, provided such wound necessitated treatment by a medical officer.  For the purpose of awarding the PH, a wound was defined as an injury to any part of the body from an outside force, element, or while in action in the face of the enemy.  When a person eligible for award of the PH was treated for a wound, the commanding officer of the hospital, or the medical officer who treated the wound, furnished the commanding officer of the wounded person a certificate briefly describing the nature of the wound, and certifying the necessity of treatment.  In addition, a wounded soldier’s unsupported statement could be accepted in unusual or extenuating circumstances when, in the opinion of the officer making the award, no corroborative evidence was obtainable.  However, the statement would be substantiated if possible.  

On 14 Aug 09, AFPC/DPSIDR verified his entitlement to the WWIIVM, the APCM, and the APCM w/1 BSS (Exhibit B).

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AIR FORCE EVALUATION:

AFPC/DPSIDR recommends denial.  DPSIDR states the applicant did not provide sufficient evidence to substantiate his claim and they are unable to make a determination at this time.

The complete DPSIDR complete evaluation is attached 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 24 Jul 09, for review and comment within 30 days.  As of this date, no response has been received by this office (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 concerning his request for award of the PH.  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 his injuries were the direct result of enemy action.  In this regard, the Board notes the evidence of record reflects the applicant was injured in an airplane accident and there is no evidence to indicate the airplane accident was due to enemy action.  Further, wounds can only be annotated on a DD Form 214 if they were a direct result of enemy action.  In view of the above and in the absence of sufficient evidence to the contrary, we find no compelling basis to recommend granting the applicant’s request for award of the PH Medal.  

4.	Regarding the applicant’s request that his records be corrected to reflect battles and campaigns, we note the applicant’s records were administratively corrected to reflect his entitlement to the WWIIVM, the APCM, and the APCM w/1 BSS.  Therefore, in the absence of evidence of his entitlement to any additional awards or medals, no further action by this Board is necessary.

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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 that 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 Docket Number BC-2008-03797 in Executive Session on 17 Sep 09, under the provisions of AFI 36-2603:

			XXXXXXXXXX, Panel Chair
			XXXXXXXXXX, Member
			XXXXXXXXXX, Member

The following documentary evidence was considered under the provisions of AFI 36-2603:

	Exhibit A.	DD Form 149, dated 10 Jan 08, w/atchs.
	Exhibit B.	Applicant's Available Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPSIDR, dated 20 Jul 09.
	Exhibit D.	Letter, SAF/MRBR, dated 24 Jul 09.

	XXXXXXXXXX
	Panel Chair