RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02228
		INDEX CODE:  107.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His WD AGO Form 53-55 - Enlisted Record and Report of Separation Honorable Discharge, reflect award of the Purple Heart (PH) Medal.

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APPLICANT CONTENDS THAT:

He is entitled to the PH Medal for wounds he received in Leyete, Philippines Island.

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

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STATEMENT OF FACTS:

The applicant's military personnel records were destroyed by fire in 1973 at the National Personnel Record Center (NPRC) in St. Louis, Missouri.  The available records provided by the applicant indicate the following:

The applicant enlisted in the Army Air Corps on 13 November 1942.

On 2 January 1946, the applicant was honorably discharged in the grade of sergeant under the provisions of AR 615-365 - Convenience of the Government RR 1-1 Demobilization.  He served 3 years, 1 month, and 27 days of total active service.

According to the applicant’s WD AGO Form 53-55 he received the following decorations and citations:  American Theater Ribbon, Asiatic-Pacific Theater Ribbon with four Bronze Stars, Good Conduct Medal, World War II Victory Medal, and the Philippine Liberation Ribbon with two Bronze Stars.

The Report of Separation (WD AGO Form 53-55) reflects “None” in item 34, Wounds received in action.

A Department of Veterans Affairs (DVA) rating decision, dated 26 February 2002, indicates the applicant filed a claim for increased evaluation for residuals associated with his service-connected right forearm laceration, and reopened a claim for bilateral hearing loss on 24 May 2001.  He is currently receiving service-connected disability for the following:

	  Service-connection for right forearm median and ulnar neuropathy, residuals laceration right forearm was granted with an evaluation of 30 percent effective 24 May 2001.

	  Evaluation of otitis externa, bilateral, which was zero percent disabling, was continued.

	  Service-connection for bilateral high frequency hearing loss was denied.

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AIR FORCE EVALUATION:

AFPC/DPPPR recommended denial.  They indicated the applicant did provide an eyewitness statement; however, the eyewitness account does not provide a detailed description of how the injuries were sustained.  The applicant’s official record is very limited.  The documentation provided consists of Veterans Administration medical records.  They researched the applicant’s personnel record and documents attached to the WD AGO 53-55; they could not find any support for award of the PH Medal.

The evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 3 September 2004, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days.  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 an error or an injustice warranting award of the Purple Heart Medal.  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 and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice.  The PH is awarded for wounds received as a direct result of enemy action (i.e., gunshot or shrapnel wounds, hand-to-hand combat wounds, or forced aircraft bail out injuries due to the aircraft being shot down).  A member must provide a detailed personal account, eyewitness statements, and medical documentation to show the wound received treatment by medical personnel and occurred as a direct result of enemy action.  We note portions of the applicant’s service records were destroyed by fire in 1973 at the NPRC.  As a result, there is no indication in the available records to substantiate he had been injured as a direct result of enemy action.  The applicant did provide an eyewitness statement; however, the eyewitness account does not provide a detailed description of how the applicant’s alleged injuries were sustained.  The Board would be willing to review the applicant’s request for possible reconsideration if he provided a detailed description from an eyewitness of how the alleged injuries were sustained.  The personal sacrifice the applicant endured for his country is noted and our decision in no way diminishes the high regard we have for his service; however, insufficient documentary evidence has been presented to warrant awarding him the Purple Heart.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought.

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THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of an error or an injustice; the application was denied without a personal appearance; and 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 this application in Executive Session on 6 October 2004, under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2004-02228 was considered:

   Exhibit A.  DD Form 149, dated 20 September 2003, w/atchs.
   Exhibit B.  Available Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPR, dated 18 August 2004.
   Exhibit D.  Letters, SAF/MRBR, dated 3 September 2004.