RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-02887
INDEX CODE: 107.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH) Medal.
_________________________________________________________________
APPLICANT CONTENDS THAT:
On his 43rd mission his turret was blown off and he did not receive a PH
for the injury.
In support of his request, applicant provided a statement from his former B-
17 pilot. His complete submission, with attachment is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant's military personnel records cannot be located by personnel at
the National Personnel Records Center, St. Louis, MO and are believed to
have been destroyed by fire. Therefore, the facts surrounding his service
cannot be verified.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPR recommends denial. DPPPR states the applicant provided a letter
from his pilot who claims his aircraft was hit by a flak shell and states
he witnessed an injury to the applicant's ear caused by anti-aircraft flak.
However, the PH criteria requires that an injury required or received
medical treatment. There is no medical documentation in the applicant's
records that indicates he required or received medical treatment for a
wound caused by direct enemy action. The DPPPR evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant's spouse responded and states that her husband is now in a
nursing home suffering from Alzheimer's disease and is unable to help with
his application. He was injured during the war, which affected his
hearing. The Veterans Home provided him with hearing aids and batteries
because of the injury. Her complete response is at Exhibit D.
_________________________________________________________________
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 that would warrant corrective action.
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. We are not unmindful or unappreciative of his service to
this Nation; 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, which would lead us
to believe that he was medically treated for any wounds incurred as a
direct result of enemy fire as required for award of the Purple Heart. In
the absence of persuasive evidence to the contrary, 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 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-
02887 in Executive Session on 6 May 04, under the provisions of AFI 36-
2603:
Mr. Laurence M. Groner, Panel Chair
Ms. Deborah A. Erickson, Member
Ms. Sharon B. Seymour, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 8 Jul 03, w/atchs.
Exhibit B. Letter, AFPC/DPPPR, dated 12 Mar 04.
Exhibit C. Letter, SAF/MRBR, dated 26 Mar 04.
Exhibit D. Letter, Applicant's Spouse, dated 30 Mar 04.
LAURENCE M. GRONER
Panel Chair
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