RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-01978
INDEX CODE: 108.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect award of the Purple Heart Medal
and Bronze Star Medal.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His records reflect that he should have received the “Bronze Star.”
He broke his leg falling over a pile of bricks after being attacked by
Italians throwing stone and bricks at him. As a result, he should
have been awarded the Purple Heart Medal.
In support of his appeal, the applicant provided an expanded
statement, and extracts from military personnel records.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant’s military personnel records were being treated for mold by
the National Personnel Records Center (NPRC). His available records
indicate that he enlisted in the Army of the United States (AUS), Air
Corps, on 18 Aug 42. He served overseas in the European Theater of
Operations from 27 Nov 44 to 24 Jan 46.
His available records also indicate that the applicant incurred a
simple fracture of his left fibula on 14 Aug 45, after turning his
ankle while walking on the road in Rome, Italy.
Applicant was honorably discharged on 2 Feb 46 under the provisions of
AR 615-365 (Convenience of the Government) in the grade of staff
sergeant. He was awarded the Good Conduct Medal, European African
Middle Eastern Theater Campaign Ribbon, American Theater Campaign
Ribbon, and the World War II Victory Medal.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPR recommended denial indicating that their office informed
the applicant that the “Bronze Star” entry in his records referred to
the “bronze service star” for his European-Middle Eastern Campaign
Medal for his unit’s participation in the North Apennines campaign,
not the Bronze Star Medal.
They also indicated that the applicant was also informed that his
Report of Separation did not reflect any wounds received in action and
that he had not provided sufficient information or documentation to
consider his request for award of the Purple Heart Medal. AFPC/DPPPR
noted the applicant’s contention that he broke his leg from falling
over a pile of bricks after being attacked by Italian men and children
throwing stone and bricks at him. However, they indicated that his
military records show that he broke his leg accidentally while walking
and turning his ankle on 14 Aug 45. In their view, the applicant has
not provided any information or documentation showing that he was
wounded or injured as the result of enemy action; instead, his medical
records show he was injured as the result of an accident. Therefore,
AFPC/DPPPR indicated that they were unable to verify the applicant’s
eligibility for award of Purple Heart.
A complete copy of the AFPC/DPPPR evaluation, with attachments, is at
Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant reviewed the advisory opinion and furnished a response and
which 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 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
office of primary responsibility (OPR) and adopt their rationale 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. No
evidence has been presented which has shown to our satisfaction that
the applicant met the established criteria for award of the Purple
Heart Medal or the Bronze Star Medal. In view of the above, and in
the absence of clear-cut evidence to the contrary, we find no
compelling basis to recommend granting the relief sought in this
application.
4. Based on the evidence presented, it appears that the applicant was
entitled the bronze service star for his European-Middle Eastern
Campaign Medal for his unit’s participation in the North Apennines
Campaign, but it was not reflected on his separation document. We
have been informally advised by the OPR that upon receipt of the
applicant’s military personnel records (MPR), his records will be
administratively corrected to reflect his entitlement to the bronze
service star. Therefore, no further action is necessary concerning
this matter.
_________________________________________________________________
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-
2003-01978 in Executive Session on 18 Nov 03, under the provisions of
AFI 36-2603:
Ms. Brenda L. Romine, Panel Chair
Mr. Christopher Carey, Member
Mr. Michael J. Maglio, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 23 Jan 01, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPR, dated 14 Oct 03
Exhibit D. Letter, SAF/MRBR, dated 17 Oct 03.
Exhibit E. Letter, applicant, dated 24 Oct 03.
BRENDA L. ROMINE
Panel Chair
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