RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-00956
INDEX CODE: 107.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart Medal (PHM) and it be added to his
Report of Separation.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was injured during World War II (WW II) and should have received
the PHM.
In support of his appeal, the applicant has provided excerpts from a
diary he kept during the war, copies of his honorable discharge, his
separation qualification record, and a doctor’s statement.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The 1973 fire at the National Personnel Records Center (NPRC)
destroyed applicant’s records. Based on available records applicant
served on active duty with the Army Air Corps from 23 March 1943 to 6
October 1945 as an Armorer Gunner. His separation qualification
record states that the applicant had flown 61 missions before being
separated on 6 October 1945. His report of separation indicates that,
during his career, he was awarded the Asiatic-Pacific Theater Ribbon
with six Bronze Stars, the Good Conduct Medal, the Air Medal with one
Oak Leaf Cluster and the Philippine Liberation Ribbon. As a result of
the applicants appeal it was found that he should have been awarded
the American Campaign Medal and the World War II Victory Medal. His
records have been corrected to show these awards.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPR reviewed this application and recommended denial. DPPPR
states that the applicant’s records were destroyed in the 1973 fire
and the applicant himself was not able to provide the documentation
necessary to verify his eligibility for the PHM. DPPPR notes that the
applicant provided a doctor’s statement that stated that the applicant
“…is suffering with a cracked saccro-bone near his coxic bone” but the
doctor’s statement contains no information of how this occurred or
when. DPPPR notes that they informed the applicant of the criteria,
including the documentation, necessary to process his claim for award
of the PHM but state that they have not received anything from the
applicant. DPPPR cannot present the Purple Heart Review Board with
the applicant’s request without the required documentation.
DPPPR’s complete evaluation, with attachment, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
25 July 2003 for review and comment within 30 days. 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. Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice. After a thorough review of the
evidence of record and applicant's submission, we do not find his
uncorroborated assertions, in and by themselves, sufficiently
persuasive to override the rationale provided by the Air Force. The
applicant provided no evidence to substantiate his initial claim and
did not respond to a request by AFPC/DPPPR for additional
information/documentation to substantiate his claim. Consequently, we
agree with the opinions and recommendation of the Air Force office of
primary responsibility and adopt the rationale expressed as the basis
for our decision that the applicant has failed to sustain his burden
of having suffered either an error or injustice. Therefore, in the
absence of persuasive 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 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 AFBCMR Docket Number BC-
2003-00956 in Executive Session on 2 September 2003, under the
provisions of AFI 36-2603:
Mr. Michael K. Gallogly, Panel Chair
Mr. Mike Novel, Member
Mr. James A. Wolffe, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 16 Dec 02, w/atchs.
Exhibit B. Applicant's VA Medical Records.
Exhibit C. Letter, AFPC/DPPPR, dated 1 Jul 03, w/atch.
Exhibit D. Letter, AFPC/DPPPRSP, dated 11 Jul 03, w/atch.
Exhibit E. Letter, SAF/MRBR, dated 25 Jul 03.
MICHAEL K. GALLOGLY
Panel Chair
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