RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 98-02634
INDEX CODE: 107
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He receive the award of the Purple Heart for injuries in combat on two
separate occasions.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The reasons the applicant believes the records to be in error or unjust and
the evidence submitted in support of the appeal are at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application, extracted from the
applicant's available military records, are contained in the letter
prepared by the appropriate office of the Air Force Office of Primary
Responsibility (OPR). Accordingly, there is no need to recite these facts
in this Record of Proceedings.
_________________________________________________________________
AIR FORCE EVALUATION:
The Chief, Recognition Programs Branch, Promotion, Evaluation & Recognition
Division, HQ AFPC/DPPPRA, reviewed the application and states that the
applicant’s records were reviewed in December 1997 to consider the
applicant’s entitlement to the Purple Heart. His records were also
reviewed by the Purple Heart Review Board (PHRB). The PHRB determined, on
9 December 1997, the applicant did not have sufficient evidence to approve
the Purple Heart. There were no medical documents in his official records
supporting his claim. However, additional information has now been
provided by the Department of Veterans Administration (DVA). Medical
documentation supports eye witness testimony which stated the applicant
received flak in the right eye. AFPC/DPPPRA recommends approval of the
applicant’s request for basic award of the Purple Heart for injuries to the
right eye received 22 September 1944.
AFPC/DPPPRA, however, does not recommend the First Oak Leaf Cluster (1OLC)
to the award of the Purple Heart for an injury to the applicant’s lower
back. To be awarded the Purple Heart, a member must provide documentation
to support he was wounded as a direct result of enemy action and must have
received medical treatment by medical personnel. Applicant states he
received back injuries which is not classified as a wound. There are no
medical documents supporting applicant’s statement of injuries in February
1944.
A complete copy of the Air Force evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR STAFF EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the applicant
on 16 November 1998, for review and response. As of this date, no response
has been received by this office.
_________________________________________________________________
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. Sufficient relevant evidence has been presented to demonstrate the
existence of probable error or injustice warranting relief to a portion of
the applicant’s request. HQ AFPC/DPPPRA states that the medical
documentation and eye witness testimony supports the applicant’s
entitlement to the award of the Purple Heart for injuries sustained on
22 September 1944. However, there are no medical documents supporting the
applicant’s statement of back injuries he received in February 1944. It
appears that the back injury is not classified as a wound. We therefore
agree with the recommendation of the Air Force and adopt the rationale
expressed as the basis for our decision and recommend the applicant's
records be corrected to the extent indicated below.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating
to APPLICANT, be corrected to show that he was awarded the Purple Heart for
injuries received in combat on 22 September 1944.
_________________________________________________________________
The following members of the Board considered this application in Executive
Session on 27 April 1999, under the provisions of AFI 36-2603:
Ms. Patricia J. Zarodkiewicz, Panel Chair
Ms. Dorothy P. Loeb, Member
Ms. Olga M. Crerar, Member
All members voted to correct the records, as recommended. The following
documentary evidence was considered:
Exhibit A. DD Form 149, dated 16 Sep 98, w/atchs.
Exhibit B. Applicant's Available Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPPRA, dated 29 Oct 98.
Exhibit D. Letter, AFBCMR, dated 16 Nov 98.
PATRICIA J. ZARODKIEWICZ
Panel Chair
INDEX CODE: 107
AFBCMR 98-02634
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:
The pertinent military records of the Department of the Air Force
relating to ----, ----, be corrected to show that he was awarded the Purple
Heart for injuries received in combat on 22 September 1944.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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