RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-01149
INDEX CODE: 107.00
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect award of the Purple Heart Medal.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was told when he was wounded and treated for anti-aircraft shrapnel
injuries that he was entitled to the Purple Heart Medal. For reasons
unknown to him, he did not receive the medal. No one in his unit
during World War II received any medals.
In support of his appeal, the applicant provided personal statements,
supportive statements, extracts from his military personnel records,
medical documentation, and other documents associated with the matter
under review.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant was appointed a second lieutenant, Army of the United States
(AUS), on 15 Apr 44 and ordered to extended active duty.
Documentation provided by the applicant indicates that, while
stationed in Naples, Italy, during World War II, he received injuries
to his scalp, arm, and leg as a result of falling shrapnel from the
firing of anti-aircraft cannons.
Applicant was relieved from active duty on 31 Jul 73 and retired,
effective 1 Aug 73, in the grade of lieutenant colonel. He was
credited with 23 years, 4 months, and 29 days of active service.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPR recommended denial indicating there was no evidence in the
applicant’s medical or personnel records that he was injured as a
direct result of enemy action. The applicant was injured by U.S. anti-
aircraft shrapnel, which was not considered a result of enemy action.
Therefore, his injuries did not qualify him for the Purple Heart
Medal. Additionally, an eyewitness statement provided by the
applicant clearly illustrated the medal was not being awarded to other
personnel who were also wounded by anti-aircraft shrapnel. However,
after reviewing the applicant’s military records, they have verified
he is entitled to the American Campaign Medal and the Asiatic-Pacific
Campaign Medal, which have been added to his records.
A complete copy of the AFPC/DPPPR evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant reviewed the advisory opinion and furnished a response
indicating he is disappointed at AFPC/DPPPR’s recommendation to deny
his request for award of the Purple Heart Medal, which was promised to
him at the time he was discharged from the hospital in 1944.
According to the applicant, he was wounded in the line of duty as a
direct result of enemy actions in a theater of combat in World War II.
Therefore, he met the criteria for award of the medal that existed at
the time of injury. To not award him the medal would be a violation
of the promise that was made to him.
Applicant’s complete response 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. 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. We
believe it should be pointed out that the applicant’s decorated
service and sacrifice for his country have not gone unnoticed.
Notwithstanding this, 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. In view of the above, and in the
absence of sufficient evidence to the contrary, we find no compelling
basis to recommend granting the relief sought in this application.
4. The applicant's case is adequately documented and it has not been
shown that a personal appearance with or without counsel will
materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
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-
2004-01149 in Executive Session on 19 Aug 04, under the provisions of
AFI 36-2603:
Mr. Wayne R. Gracie, Panel Chair
Ms. Jean A. Reynolds, Member
Ms. Beth M. McCormick, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 16 Apr 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPR, dated 24 Jun 04.
Exhibit D. Letter, SAF/MRBR, dated 9 Jul 04.
Exhibit E. Letter, applicant, dated 22 Jul 04.
WAYNE R. GRACIE
Panel Chair
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