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 CONTENDS THAT:
He was wounded on 1 March 1945, when a bomb exploded in his unit’s
bomb storage area where he was working and the injuries were not
annotated in his medical records.
In support of his request, applicant submits a personal statement, a
list of witnesses, and a copy of his Honorable Discharge Certificate.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant’s military personnel records reflect that the applicant
served on active duty from 2 February 1943 to 30 September 1945. He
served an overseas tour in the European Theatre from 8 April 1944 to
7 May 1945. On 1 March 1945, he was injured when a five-pound bomb
accidentally discharged. He sustained a lacerated left upper
extremity, and a right shoulder fracture compound. His decorations
include award of the European Africa Middle Eastern Theater Ribbon
with 2 Battle Stars, the Distinguished Unit Badge, and a Good Conduct
Medal.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPR recommends denial. The applicant’s Certificate of
Discharge clearly states the injuries causing his disability for
active duty was caused by an accident. Therefore, he does not qualify
for the PH Medal.
The DPPPR evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant states that if the Board obtained pictures of the
explosion it would understand what he went through. He has had no
luck getting his records corrected. His records include a list of
injuries. His clothes were cut off after the explosion and were full
of blood.
His complete submission is 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. 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. The
applicant’s records show that he was injured when a bomb accidentally
discharged. We cannot recommend awarding the PH on this basis. Award
of the PH requires the wounds/injuries to have been the direct result
of enemy action and necessitated medical treatment. The available
documentation does not confirm the applicant was wounded and received
medical treatment for injuries sustained as a direct result of enemy
action. While we are not unmindful or unappreciative of the
applicant’s service to the nation, in the absence of evidence to
support that he was wounded as a result of enemy action, we agree with
the opinion of the Air Force and find no compelling basis to warrant
favorable consideration of this 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 BC-2003-
03689 in Executive Session on 25 May 2004, under the provisions of AFI
36-2603:
Mr. Robert S. Boyd, Panel Chair
Mr. James E. Short, Member
Mr. Albert C. Ellett, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 31 October 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPR, dated 27 Feb 04.
Exhibit D. Letter, SAF/MRBR, dated 5 Mar 04.
Exhibit E. Letter, Applicant, dated 25 Mar 04.
ROBERT S. BOYD
Panel Chair
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