RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-00288
INDEX CODE: 107.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart Medal.
_________________________________________________________________
APPLICANT CONTENDS THAT:
On 11 January 1945, on a B-26 bombing mission to Houffalize, Belgium, he
was positioned as a radio operator gunner when he encountered flak. A
piece of flak penetrated his flak jacket and bruised his shoulder. It went
down the back of his flight suit and stopped at the pocket and the heat
scorched his handkerchief and burned his hip.
In support of his appeal, the applicant provided a statement from the pilot
of the B-26, dated 3 December 2001, a letter from the co-pilot, dated 8
December 2001, and other documentation.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
During the time period in question, the applicant enlisted in the Army Air
Corp on 24 April 1943.
On 21 October 1945, the applicant was honorably discharged in the grade of
staff sergeant under the provisions of AR 615-365 RR 1-1 Demobilization.
Awards received during this enlistment are the Air Medal with six (6) Oak
Leaf Clusters (OLCs), Good Conduct Medal, and European African Middle
Eastern Service Medal with three (3) Bronze Stars.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPR recommended denial. They indicated that to be awarded the
Purple Heart (PH), 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. There is no evidence in the applicant’s
medical or personnel records, which were provided, that he had been injured
as a direct result of enemy action.
The evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the evaluation and provided correspondence from the
pilot of the B-26 who indicates that on 11 January 1945, the applicant was
injured by enemy flak over Houffalize, Belgium. There is no doubt that the
applicant was injured as a direct result of enemy action. It is
understandable that he wouldn’t have sought medical treatment for a mere
bruise on his shoulder and burn on his hip - so the lack of medical records
should not bar him from being awarded the Purple Heart.
Applicant’s complete response, 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 an error or an injustice warranting award of the Purple Heart
Medal. 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 and adopt their rationale as the basis for
our conclusion that the applicant has not been the victim of an error or
injustice. We note the letter from the pilot of the B-26 bomber who
indicates that the applicant was hit by flak and suffered a shoulder injury
and a burn on his hip. However, there is no indication in the applicant’s
medical or personnel records to substantiate that he had been injured as a
direct result of enemy action. Also, his separation physical shows no
physical defects. The Board does recognize his extraordinary
accomplishments in the defense of our nation during wartime, however, no
documentation has been presented to substantiate that he was wounded as a
direct result of enemy action. 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 an error or an 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 AFBCMR Docket Number 02-00288
in Executive Session on 21 May 2002, under the provisions of AFI 36-2603:
Ms. Peggy E. Gordon, Panel Chair
Mr. James W. Russell III, Member
Mr. Albert F. Lowas, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 21 December 2001, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPR, dated 26 March 2002.
Exhibit D. Letter, SAF/MRBR, dated 5 April 2002.
Exhibit E. Letter, Applicant, dated 20 April 2002, w/atchs.
PEGGY E. GORDON
Panel Chair
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