RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03822 COUNSEL: HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect the following: 1. He was awarded the Purple Heart (PH). 2. He was awarded the Distinguished Flying Cross (DFC). 3. His Army Serial Number be corrected to reflect “XXXXXXX,” rather than “XXXXXXX.” (Will be administratively corrected) _________________________________________________________________ APPLICANT CONTENDS THAT: He is entitled to the PH for injuries he sustained in an aircraft accident in 1945. He was told he would receive the DFC and the PH upon completion of 53 combat missions. In support of his request, the applicant provides a personal statement, a Department of Veterans Affairs (DVA) VA Form 21-22, Appointment of Veterans Service Office Organization as Claimant’s Representative, and various service and DVA records. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant served as an aerial gunner with the Army Air Force from 8 Dec 42 to 5 Oct 45. The applicant provided a form titled “Army Air Forces Redistribution Station No. 1,” dated 5 Jun 45, and under the Remarks Section, it states “Presents minor tensional symptoms, not beyond normal limits, and a history of recent head injury. Concussion (April 1945) with unconsciousness for some minutes.” The DFC was established by Congress on 2 Jul 26 and is awarded for heroism or extraordinary achievement while participating in aerial flight. The PH is awarded to any member of the Armed Forces who, while serving under competent authority in any capacity has been wounded, killed, or who died or may hereafter die of wounds received under any of the following circumstances: 1) In action against an enemy of the United States; 2) In action with an opposing force of a foreign country in which the United States Armed Forces are or have been engaged; 3) 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; 4) As a result of an act of any such enemy or opposing armed forces; 5) As the result of an act of any hostile foreign force. A wound for which the award is made must have required treatment, not merely examination, by a medical officer. Additionally, treatment of the wound shall be documented in the service member’s medical and/or health record. Award of the PH may be made for wounds treated by a medical professional other than a medical officer provided a medical officer includes a statement in the service member’s medical record the extent of the wounds were such they would have required treatment by a medical officer if one had been available to treat them. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDR recommends denial of the applicant’s request for award of the DFC and PH. DPSIDR states the applicant’s statement did not provide the date the injury occurred or how the injury was sustained. He provided no eyewitness statements to corroborate the injury occurred as a direct result of enemy action. Additionally, the applicant states he was promised the DFC upon completion of flying 53 combat missions; however, no documentation was provided or located in the applicant’s records to substantiate he was recommended for the DFC. The complete DPSIDR evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 11 Mar 11, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days. To date, a response has not been received (Exhibit D). _________________________________________________________________ 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 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. Regarding the applicant’s request for the Purple Heart, the evidence provided does not support that his injuries meet the PH criteria as stated above. Additionally, we find no evidence to support award of the DFC. We note the applicant’s assertion he was told he would receive the DFC upon completion of 53 combat missions; however, no evidence has been presented or located in his records to support he was recommended for the DFC. While we recognize the applicant’s honorable service to our Nation, the evidence provided is insufficient for us to recommend granting the PH or DFC. Therefore, aside from the administrative correction pertaining to his Army Serial Number, we find no basis to recommend granting further relief in this case. _________________________________________________________________ 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-2010-03822 in Executive Session on 24 May 11, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to Docket Number BC-2010-03822 was considered: Exhibit A. DD Form 149, dated 4 Oct 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIDR, dated 3 Mar 11. Exhibit D. Letter, SAF/MRBR, dated 11 Mar 11. Panel Chair