RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03989 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His brother be posthumously awarded the Purple Heart (PH). _________________________________________________________________ APPLICANT CONTENDS THAT: When his brother’s B-17 plane was shot down and crashed in the North Sea, he sustained injuries to both legs as he propelled through the plywood wall of the radio room. Twelve hours later, the crew was picked up by a German patrol boat and became Prisoners of War (POW). In support of his request, the applicant provides a detailed account of a story as was told to him by his now deceased brother, an article detailing the events of 6 March 1943, copy of his brothers WD AGO Form 53-55, Enlisted Record and Report of Separation Honorable Discharge, and a copy of his death certificate. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The former member enlisted in the Air Corp on 3 February 1942. He was discharged with an honorable discharge on 5 October 1945. He had 3 years, 7 months and 3 days of total active service. His WD AGO Form 53-55 reflects award of the European, African, Middle Eastern (EAME) Campaign Medal with six bronze stars. The National Personnel Records Center (NPRC) was able to verify the former member’s entitlement to the POW Medal. The PH is awarded for wounds received as a direct result of enemy actions (e.g., gunshots or shrapnel wounds, hand-to-hand combat wounds, forced aircraft bailout injuries, etc). In addition, it is necessary that the wound required or received documented 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 as a result of the aircraft’s evasive measures against hostile fire. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDR recommends denial. DPSIDR states the applicant did not provide, nor were they able to locate any medical documentation to verify medical treatment was received for an injury or a statement from a medical officer attesting that an examination revealed that an injury of that type incurred would or should have received medical treatment. The complete 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 22 April 2011 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. After a thorough review of the available evidence and the applicant’s complete submission, we find no evidence which would lead us to believe the deceased member’s injuries were a direct result of enemy action or friendly fire as required for award of the PH. Therefore, 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 deceased member has not been the victim of an error or injustice. While we appreciate and honor the deceased member’s service to his country, in the absence of evidence substantiating that he was injured as a direct result of enemy action, 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-2010-03989 in Executive Session on 24 May 2011, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 20 October 2010, w/atchs. Exhibit B. Applicant's Available Military Records. Exhibit C. HQ AFPC/DPSIDR, Letter, dated 8 April 2011. Exhibit D. SAF/MRBR, Letter, 22 April 2011. Panel Chair