RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-01338
INDEX CODE 107.00
COUNSEL: None
HEARING DESIRED: Yes
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH) for wounds received while saving
the life of a young officer.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He has tried for some 20 years to be awarded the PH for his heroic
action in his efforts to protect and save the life of a young soldier
who was shot off his motorcycle just outside of Oran, Africa. Enemy
agents dressed in black hoods, capes and clothing came across an open
field firing at this motorcycle rider, who was carrying some important
papers in a brief case tied to his arm. The young soldier was shot
off his cycle and he (applicant) immediately drove to where the young
soldier was lying in a muddy ditch. He grabbed his M1-30 caliber
rifle and his pistol and jumped in this ditch, with bullets flying
around him. He held the soldier in his arms while firing his rifle
and pistol as enemy agents advanced firing at us. He was almost out
of ammunition with just two shells left out of the 15 bullet clip when
he felt his right shoulder snap back. He had been hit. He would not
be here today to write this letter of request but an Army truck with
about 10 soldiers came by and thank God, chased the enemy away.
In support of his request applicant submitted copies of personnel
statements, and news articles.
Applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant served in the Army Air Corps as an officer during the period
of 15 July 1942 to 15 December 1945, with an overseas tour in the
European Theater of Operations during the period 20 May 1943 to 19
July 1945. His report of Separation (WD AGO Form 53-98) reflects
award of Bronze Star Medal, Soldier's Medal, and European-African-
Middle Eastern Campaign Medal. This was corrected with a DD Form 215
on 19 August 1997, adding the European-African-Middle Eastern Campaign
Medal with 3 Bronze Service Stars, American Defense Service Medal,
American Campaign Medal, and World War II Victory Medal.
The remaining relevant facts pertaining to this application, extracted
from the applicant's military records, are contained in the letter
prepared by the appropriate office of the Air Force at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPR recommended denial. Applicant states he was in Africa,
when he witnessed an officer being attacked, and he fought off the
assailants until assistance arrived, and the assailants ran away.
Applicant claims he was shot in the left shoulder during the incident.
He has presented several versions of this incident, some in which the
victim died some in which the victim lived. He did not provide any
documentation showing that he was shot during this incident, that he
received any medical treatment for a gunshot wound, or that his right
shoulder bears a scar from a gunshot wound.
AFPC/DPPPR evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 7
June 2002 for review and comment within 30 days. As of this date,
this office has received no 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 an error or injustice. After a thorough review of
the evidence of record and the applicant’s submission, we are not
persuaded that he should be awarded the PH Medal. While the
applicant's efforts to save the life of a young officer under attack
were undoubtedly heroic, there are no medical records indicating that
he received treatment for gunshot wounds, or that these alleged
injuries were the direct result of enemy action. In view of the
above, we agree with the recommendation of the Air Force and adopt the
rationale expressed as the basis for our decision that the applicant
has failed to sustain his burden that he has suffered either an error
or an injustice. Therefore, we find no compelling basis to recommend
granting the relief sought.
4. The applicant's case is adequately documented and it has not been
shown that a personal appearance with or without counsel will materially
add to our understanding of the issue involved. Therefore, the request
for a hearing is not favorably considered.
_________________________________________________________________
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 02-01338
in Executive Session on 18 July 2002, under the provisions of AFI 36-
2603:
Mr. Albert F. Lowas, Jr., Panel Chairman
Mr. Mike Novel, Member
Ms. Marilyn Thomas, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 2 Apr 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPPR, dated 29 May 02.
Exhibit D. Letter, AFBCMR, dated 7 Jun 02.
ALBERT F. LOWAS, JR
Panel Chair
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