RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-00352
XXXXXXXXX COUNSEL: VA
XXXXXXX HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH) for injury received during World
War II (WWII).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He bailed out after being shot down over the Ruhr Valley, Germany. He
injured his right knee on the parachute landing and VA recognized it
as a service connected disability. He believes he is entitled to a
Purple Heart. It is his understanding the Purple Heart can be issued
for injuries sustained as a result of being shot down even though he
did not receive shell fragments to his person.
In support of his request applicant submits a copy of a letter from
SAF/MRBR, an honorable discharge certificate, and medical evaluation
statements from the Department of Veterans Affair.
Applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant’s military personnel records were destroyed by fire in 1973.
Therefore, the facts surrounding his service in the Army Air Corp
cannot be verified.
The available records provided by the applicant indicates that he
served on Active Duty during the period 5 September 1942 through
18 December 1945 in the grade of 2nd lieutenant. His Report of
Separation reflects the award of the European-African-Middle Eastern
Campaign Medal and the Air Medal with 1 Oak Leaf Cluster.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPR recommended denial. The Purple Heart is awarded for wounds
received as a direct result of enemy actions. In addition, it is
necessary that the wound required or received treatment by medical
personnel. A detailed personal account surrounding the injury, and if
possible, an eyewitness account from an individual who saw you
injured. Indirect injuries do no meet the criteria for award of the
Purple Heart. These include, but not limited to, injuries received
while seeking shelter from mortar or rocket attacks, aircraft
bombings, and injuries incurred while serving as an aircrew member or
in a passenger status as a result of the aircraft’s evasive measures
against hostile fire.
AFPC/DPPPR complete evaluation attached at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the
applicant on 2 June 2004, 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 that would indicate he should be
awarded the Purple Heart. We took notice of the applicant's complete
submission in judging the merits of the case; however, evidence has
not been presented which would lead us to believe that his injuries
were incurred as a direct result of enemy fire. Therefore, 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. However, should he secure supporting documentation from
his medical records, from the Veterans Administration, or an account
from an individual who eye witnessed his injuries, we would be willing
to reconsider his application for the Purple Heart. Otherwise,
without persuasive evidence that he was wounded as a direct result of
enemy action, we find no compelling basis to warrant favorable
consideration of his application. In view of the above findings and
in the absence of evidence to the contrary, we do not recommend
favorable action on this application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of a 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 Docket Number BC-2004-
00352 in Executive Session on 27 July 2004, under the provisions of
AFI 36-2603:
Ms. Cathlynn B. Sparks, Panel Chair
Ms. Renee M. Collier, member
Ms. Barbara R. Murray, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 18 Apr 04, w/atchs.
Exhibit B. Letter, HQ AFPC/DPPPRA, dated 28 May 04.
Exhibit C. Letter, SAF/MRBR, dated 2 Jun 04.
CATHLYNN B. SPARKS
Panel Chair
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