RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2009-01197 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her husband be awarded the Purple Heart (PH) Medal. _________________________________________________________________ APPLICANT CONTENDS THAT: Her husband should be awarded the PH for being shot in his right leg by sniper fire while he was stationed in Germany. The applicant writes a statement on his behalf because he is not able to write it himself. The statement says he was put in the hospital after securing a town in Germany. His leg was shattered and while in the hospital he received a metal plate in his leg. In support of her request, applicant provides a statement from the former member prior to his death, a copy of his discharge certificate, and a copy of his WD AGO Form 53, Honorable Discharge. Her complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The former member enlisted in the Army Air Force on 17 Dec 45 and was progressively promoted to the grade of sergeant. He received an honorable discharge on 3 Jun 48. He served on active duty for 3 years and 6 months. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDR recommends denial. DPISDR states that the PH is awarded for injuries as a direct result of enemy action. The applicant did not provide any medical records that document the incident or eyewitness statements that support her contentions. In order for the former member to be considered by the Purple Heart Review Board (PHRB), the former member must have met several criterions; 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 DPSIDR complete evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant responded by stating her husband died on 13 Sep 08. She has no way to acquire any other documentation to prove he is entitled the PH. Her complete rebuttal is at Exhibit E. _________________________________________________________________ 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 injustice. After a thorough review of the available evidence and applicant’s complete submission, we find no evidence the former member’s records should be corrected to show he was awarded the PH. As such, 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 former member has not been the victim of an error or injustice. The military member’s honorable service is noted. Regrettably, we do not find the evidence submitted is sufficient to recommend granting the requested relief. _________________________________________________________________ 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-2009-01197 in Executive Session 12 Nov 09, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 22 Aug 08, w/atchs. Exhibit B. Letter, AFPC/DPSIDR, dated 17 Sep 09. Exhibit C. Letter, SAF/MRBR, dated 9 Oct 09. Exhibit D. Letter, Applicant, 17 Oct 09. Panel Chair