RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-02505
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His record be corrected to reflect the award of the Purple Heart
Medal.
_________________________________________________________________
APPLICANT CONTENDS THAT:
During the Battle of the Bulge in Belgium, a German officer shot him
with a german lugar, 9mm, at a close range of about thirty feet. The
wound was in his right chest area. A medic in the area treated his
wound with a wide bandage after putting sulfa on the wound. The medic
wrote his name and serial number in a tablet.
In support of his request, applicant submits a personal statement, a
copy of the Enlisted Record and Report of Separation Honorable
Discharge, and photos.
Applicant’s complete submission with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant’s military personnel records were destroyed by fire in 1973.
Therefore, the facts surrounding his separation from the Army Air
Corp cannot be verified.
The available records reflect that the applicant served on active duty
during the period 3 December 1942 through 28 October 1945.
VA provided a copy of the applicant’s Physical Examination conducted
on 27 October 1945 prior to his discharge on 28 October 1945. Item 11
on the Physical Examination form list all significant diseases,
wounds, and injuries and state the circumstances under which wounds or
injuries were incurred and date of onset shows only one item, is
listed and that was an infected right arm.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPR recommended denial. The applicant has waited over 58
years, knowing that there was no medical documentation of a chest
wound incurred in December 1944, before submitting a claim for award
of the Purple Heart Medal. His Report of Separation shows that he
received no wound as a result of enemy action, and there is nothing on
the separation physical showing a wound on the right chest. He did
not inform the doctor of such a wound when -received his discharge
physical, and he did not inform VA of such an injury when they
attempted to obtain his military medical records in 1946. The
applicant has not provided any documentation substantiating his claim
that a German officer shot him during WWII.
AFPC/DPPPR evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the evaluation and submitted photos, a
statement in support of claim, entry physical examination and his
separation physical examination.
_________________________________________________________________
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
applicant’s submission and the available evidence of record, we are
not persuaded that he should be awarded the Purple Heart Medal. We
took notice of his complete submission in judging the merits of the
case; however, we agree with the opinion and recommendation of the Air
Force office of primary responsibility and adopt their rationale as
the basis for our conclusion that the applicant has not been the
victim of an error or injustice. There was no evidence presented,
other than his own assertions, which would lead us to believe that he
was medically treated for any wounds incurred as a direct result of
enemy fire. We are not unmindful or unappreciative of his service to
his Nation. Should he secure supporting documentation from his
medical records, from the Veterans Administration, or an account from
an individual who eye witnessed his injuries, we would be willing to
reconsider his application. Otherwise, without persuasive evidence
that he was wounded as a direct result of enemy action, we find no
compelling basis to warrant favorable consideration of his
application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of an 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 no considered with this
application.
_________________________________________________________________
The following members of the Board considered Docket Number 02-02505
in Executive Session on 15 January 2003, under the provisions of AFI
36-2603:
Mr. Michael K. Gallogly, Panel Chair
Ms. Brenda L. Romine, Member
Mr. Billy C. Baxter, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 8 Apr 02, w/atchs.
Exhibit B. Fire related documents.
Exhibit C. Letter, AFPC/DPPPR, dated 21 Oct 02.
Exhibit D. Letter, SAF/MRBR, dated 1 Nov 02.
Exhibit E. Applicant’s Response, dated 11 Nov 02, w atchs.
MICHAEL K. GALLOGLY
Panel Chair
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