RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00807 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her late husband’s records be corrected to reflect award of the Purple Heart (PH) and Silver Star (SS) for injuries he incurred while held as a Prisoner of War (POW). _________________________________________________________________ APPLICANT CONTENDS THAT: The Purple Heart Review Board (PHRB) denied her request for award of the PH to her late husband. Her late husband served his country honorably and without complaint upon his capture by the Germans when his B-24 aircraft was shot down on his 21st mission. His whole life was God, his country, and family without complaint. Her late husband aided a journalist in bailing out of the plane and helped him to safety and out of danger. They were the last two to bail out. Her late husband’s leg was torn up the side when he landed in a tree and the injury left scars. In support of her request, the applicant provides copies of personal statements, retiree identification card, Gold Star Wives of America, Incorporated membership card, U.S. National Archives and Records Administration POW extracts, Department of Veterans Affairs records, military personnel records extracts, photographs, and death and marriage certificates. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The decedent entered the Army Air Corps on 6 Aug 42. The decedent’s WD AGO Forms, 53-55, Enlisted Record and Report of Separation – Honorable Discharge, and DD Forms 214, Armed Forces of the United States Report of Transfer or Discharge, reflects “none” for Wounds Received in Action. The PH is awarded for wounds received as a direct result of enemy actions (e.g., gunshot or shrapnel wounds, hand-to-hand combat wounds, forced aircraft bailout injuries, etc.). In addition, it is necessary that the wound required or received treatment by medical personnel. Indirect injuries do not meet the criteria for award of the PH. These include, but are not limited to, injuries received while seeking shelter from mortar or rocket attacks, aircraft bombings, grenades, and injuries incurred while serving as an aircrew member or in a passenger status because of the aircraft’s evasive measures against hostile fire. Army policy in 1944 stated that the word element referred to weather and permitted the award of the Purple Heart to personnel who had been “severely frostbitten while actually engaged in combat.” In accordance with the Department of Defense Manual 1348.33-M, Manual of Military Decorations and Awards, the SS may be awarded to any individual--military, civilian, or foreign--who, while serving in any capacity with the Armed Forces of the United States, distinguishes himself or herself by gallantry in action under any of the following circumstances: against an enemy of the United States, while engaged in military operations involving conflict with an opposing foreign force, while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party. The decedent was held a POW from 24 Jun 44 to 14 Jun 45 and his records will be administratively corrected by AFPC to reflect his status. The decedent was retired in the grade of master sergeant on 1 Jul 66. He is credited with 22 years, 10 months, and days of active service. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSIDR recommends denial. DPSIDR states that after a thorough review of the decedent’s master personnel records, they were unable to locate a Special Order, citation, certificate, recommendation, or any other documentation verifying his entitlement to the SS. Further, with regard to the PH, they were unable to locate any evidence he was injured as a direct result of enemy action during his captivity as a POW. Under the 1996 National Defense Authorization Act, veterans may be recommended for a decoration by following these procedures. However, the written decoration recommendation must meet two criteria: 1) be made by someone, other than the member himself, in the member’s chain of command at the time of the incident, and, who has firsthand knowledge of the acts or achievements; and 2) be submitted through a congressional member who can ask a military service to review a proposal for a decoration based on the merits of the proposal and the award criteria in existence when the event occurred. The recommendation must include the name of the decoration, (i.e., SS), reason for recognition (heroism, achievement, or meritorious service), inclusive dates of the act, and a narrative description of the act. The recommending official must sign the recommendation. Also, a proposed citation is required and any chain of command endorsements (at the time of the act or service) are required. Any statements from fellow comrades, eyewitness statements attesting to the act, sworn affidavits, and other documentation substantiating the recommendation should be included with the package. The complete HQ AFPC/DPSIDR 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 6 Aug 10 for review and comment within 30 days (Exhibit D). 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 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-2010-00807 in Executive Session on 23 September 2010, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 22 Feb 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, HQ AFPC/DPSIDR, dated 22 Jul 10. Exhibit D. Letter, SAF/MRBR, dated 6 Aug 10. Panel Chair