Search Decisions

Decision Text

AF | BCMR | CY2003 | BC-2003-01901
Original file (BC-2003-01901.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01901
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect he was awarded  the  Purple  Heart
(PH).
_________________________________________________________________

APPLICANT CONTENDS THAT:

He was injured when the towrope of the airplane that was  being  towed
broke and struck him across both knees.  He was rushed to the hospital
and was hospitalized for about two weeks.

He believes he is entitled to the PH because he received his  injuries
during wartime.

Applicant's complete submission,  with  attachments,  is  attached  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s military records were destroyed in the 1973  fire  at  the
National Personnel Records Center (NPRC).

The available records reveal that the applicant served on active  duty
from 12 October 1942 - 3 December 1945.  He had an  overseas  tour  in
Europe from  28  March  1944  -  19  November  1945.   His  Report  of
Separation reflects he was awarded the European-African-Middle Eastern
Campaign Medal with one silver and bronze service star,  Good  Conduct
Medal (GCM), Distinguished Unit Badge, and World War II Victory Medal.
 The applicant is also entitled to the American Campaign Medal,  which
has been added to his Report of Separation.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR, on 26 June 2003, informed the applicant that he was not
eligible for award of the PH.  The injuries  the  applicant  sustained
were not the result  of  direct  enemy  action.   They  requested  the
applicant withdraw his request for  award  of  the  PH.   He  did  not
respond.

DPPPR further states by the applicant’s own admission, he was  injured
during an airplane towing incident.  Without documentation showing the
applicant incurred an injury or wound as  a  direct  result  of  enemy
action, his eligibility for award of the PH cannot be verified.  Based
on the information provided, DPPPR recommends denying the  applicant's
requests.

A complete copy of the Air Force evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The  applicant  reviewed  the  Air  Force  evaluation  and  states  he
understands the injuries he sustained were not the result of being  on
the front line.  The United States was actively engaged in  World  War
II and all the soldiers were actively involved in the War whether they
were flying, on  the  front  line  or  back  at  the  base  preparing,
repairing and supporting the aircraft.  He believes that his  injuries
were the result of wartime fighting in a  different  capacity  than  a
front line soldier which should make him eligible for the PH.

Applicant’s response is attached 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  error  or  injustice.   We  took   note   of   the
documentation the  applicant  provided  in  support  of  his  request.
However, this information does not substantiate the applicant  had  an
injury that met the criteria for award of  the  PH.   The  applicant’s
records indicate he was injured while assisting in  the  towing  of  a
glider on the airstrip.  While we are not unmindful or  unappreciative
of the applicant’s service to  his  Nation,  in  the  absence  of  the
evidence substantiating the applicant was injured as a  direct  result
of enemy action, 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-
2003-01901  in  Executive  Session  on  7  October  2003,  under   the
provisions of AFI 36-2603:

                       Mr. Robert S. Boyd, Panel Chair
                       Ms. Leslie E. Abbott, Member
                       Mr. John B. Hennessey, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 22 May 03, w/atch.
      Exhibit B. Available Military Personnel Records.
      Exhibit C. Letter, HQ AFPC/DPPPR, dated 21 Aug 03.
      Exhibit D. Letter, SAF/MRBR, dated 29 Aug 03.
      Exhibit E. Letter, Applicant’s Response, dated 13 Sep 03.



                             ROBERT S. BOYD
                             Panel Chair

Similar Decisions

  • AF | BCMR | CY2004 | BC-2002-03224

    Original file (BC-2002-03224.doc) Auto-classification: Approved

    _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPPR recommends denial of the applicant’s request for award of the PH medal. AFPC/DPPPR recommends denial of the applicant’s request for award of the PH medal. The applicant has not provided any documentation or corroborating evidence that he suffered any injuries or wounds while a POW in Germany.

  • AF | BCMR | CY2003 | BC-2003-01232

    Original file (BC-2003-01232.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-01232 INDEX CODE: 107.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Purple Heart (PH) Medal. After a thorough review of the applicant’s submission and the available evidence of record, the majority of the board was not persuaded that he should be awarded the Purple Heart Medal. ...

  • AF | BCMR | CY2003 | BC-2002-03962

    Original file (BC-2002-03962.doc) Auto-classification: Denied

    _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPPPR, on 28 January 2003, provided the applicant with the criteria for the PH and informed him that since he was not injured as a direct result of enemy action, he was not eligible for award of the PH. The applicant has not provided any documentation to show he was injured or wounded as a direct result of enemy action. However, should the applicant provide documentation substantiating he was...

  • AF | BCMR | CY2003 | BC-2003-01738

    Original file (BC-2003-01738.doc) Auto-classification: Denied

    _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPPR recommended denial. They indicated that the applicant has not provided any information or documentation regarding a wound or injury incurred as a result of enemy action. Exhibit D. Letter, SAF/MRBR, dated 3 October 2003.

  • AF | BCMR | CY2003 | BC-2003-01716

    Original file (BC-2003-01716.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-01716 INDEX CODE: 107.00 COUNSEL: None HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect he received an Oak Leaf Cluster to the Purple Heart (PH) for being a prisoner of war (POW). DPPPR further states the applicant has not provided any documentation to show he was injured or wounded...

  • AF | BCMR | CY2006 | BC-2006-02262

    Original file (BC-2006-02262.DOC) Auto-classification: Denied

    In accordance with Army Regulation 600-45, dated 22 September 1943, during the period in question, the PH was awarded for wounds received in action against the enemy or as a direct result of an act of such enemy, provided the wound necessitated treatment by medical personnel. The Purple Heart Review Board (PHRB), on behalf of the Secretary of the Air Force, has the authority to determine a veteran’s entitlement to the PH. The PH is awarded for injuries received as a direct result of enemy action.

  • AF | BCMR | CY2004 | BC-2003-03689

    Original file (BC-2003-03689.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-03689 INDEX CODE: 107.00 COUNSEL: Mr. Warren Smith HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Purple Heart (PH) Medal. Applicant’s complete submission, with attachments, is at Exhibit A. His records include a list of injuries.

  • AF | BCMR | CY2003 | BC-2003-00673

    Original file (BC-2003-00673.doc) Auto-classification: Approved

    He has not stated or provided evidence that he was injured as a direct result of enemy action. _________________________________________________________________ RECOMMENDATON OF THE BOARD: A majority of the Board finds insufficient evidence of error or injustice and recommends the application be denied. JOE G. LINEBERGER Director Air Force Review Boards Agency MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS (AFBCMR) SUBJECT: APPLICANT, DOCKET NO:...

  • AF | BCMR | CY2004 | BC-2003-03304

    Original file (BC-2003-03304.doc) Auto-classification: Denied

    _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPPR recommends the application be denied and states, in part, that applicant has provided no medical evidence showing that he was injured while a POW, and there is no evidence in his military medical records to indicate he was injured while a POW. Additionally, in 1988, the Veterans Administration determined the evidence of record did not show right ankle or right knee injuries. ...

  • AF | BCMR | CY2007 | BC-2006-03297

    Original file (BC-2006-03297.DOC) Auto-classification: Denied

    On 9 March 1943, he was honorably discharged to accept a commission as a second lieutenant in the Air Corps Reserve and was subsequently ordered to active duty on 10 March 1942. The DPPPR evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant finds the Air Force advisory opinion inaccurate as well as insulting. The documentation to which the advisory opinion refers was contained in his original...