RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 01-02310
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH).
_________________________________________________________________
THE APPLICANT CONTENDS THAT:
He should receive the PH for wounds he received during World War II.
He was wounded on 25 January 1945, during a large bomb release at 22,000
feet when the bomb bay doors opened and his heated flight suit
malfunctioned resulting in frost bite. He was again wounded on 28 February
1945, when his aircraft crash landed and he was thrown against an
ammunition container dislocating his hip and prostate. At the time of his
separation, he was asked if he had any medical problems then, not whether
he had ever been wounded. As a result, his report of separation
incorrectly states that he was not wounded.
In support of the appeal, applicant submits his personal statement and
extracts from his medical records.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is a former Army Air Corps member that served on active duty
from 31 August 1942 through 16 October 1945 as an aircraft gunner assigned
to the 763rd Bomb Squadron, 455th Bombardment Group, 15th Air Force.
The PH is awarded for wounds received as a direct result of enemy action
(i.e., gunshot or shrapnel wounds, hand-to-hand combat wounds, forced
aircraft bail out injuries, etc.) that required or received treatment by
medical personnel.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPR recommends the application be denied. AFPC/DPPPR states, in
part, that there is no evidence in the applicant’s military records that
supports that he was injured as a direct result of enemy action. On 11
October 2001, AFPC/DPPPR provided the applicant the criteria for award of
the PH and requested that he provide additional information to substantiate
his claim. The applicant did not respond to their request.
The AFPC/DPPPR evaluation, with attachment, is at Exhibit C.
_________________________________________________________________
APPLICANT’S REVIEW OF AIR FORCE EVALUATION:
Applicant’s response to the Air Force evaluation, with attachments, 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 probable error or injustice. After thoroughly reviewing the
evidence of record and noting the applicant’s contentions, we are not
persuaded that he has been the victim of an error or injustice. The
personal sacrifice the applicant endured for his country is noted and our
decision should in no way diminish the high regard we have for his service;
however, insufficient documentary evidence has been presented to warrant
awarding him the Purple Heart. Therefore, in the absence of evidence to
the contrary, we find no compelling 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 probable 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 this application in Executive
Session on 5 February 2002, under the provisions of AFI 36-2603:
Mr. Lawrence R. Leehy, Panel Chair
Mr. John B. Hennessey, Member
Mr. Roscoe Hinton Jr., Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 20 Aug 01, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPR, dated 17 Dec 01.
Exhibit D. Letter, SAF/MRBR, dated 21 Dec 01.
Exhibit E. Applicant’s Response, w/atchs, dated 7 Jan 02.
LAWRENCE R. LEEHY
Panel Chair
_________________________________________________________________ AIR FORCE EVALUATION: The Chief, Recognition Programs Branch, AFPC/DPPPR, reviewed the application and states that a member must provide documentation to support the injury was a direct result of enemy action. Since there is no evidence in the applicant’s records that he has been injured as a direct result of enemy action, they recommend denial of his request to be awarded the PH. ...
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