RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-03308
INDEX NUMBER: 107.00
COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH).
_________________________________________________________________
THE APPLICANT CONTENDS THAT:
During the invasion of *****, on 30 May 1944, he received a shrapnel wound
in his left buttock from strafing Japanese aircraft. At the time of the
injury, he saw no blood and assumed he had been hit by a piece of flying
coral; however, during a 1978 doctor’s visit, he discovered he had actually
been hit by a piece of shrapnel.
The applicant states that he desires award of the PH in order to receive
concurrent receipt of his retired pay and Department of Veterans Affairs
(DVA) compensation.
In support of the appeal, applicant submits two eyewitness statements,
extracts from his military records, a statement from a civilian physician,
and his personal statement.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is a retired Air Force Chief Warrant Officer (CWO -4). From
15 August 1940 to 12 October 1945, he served as a parachute rigger and
repairman in the Army Air Corps. During the period 15 August 1945 to
5 September 1945, he served in the Pacific Theatre of Operations (PTO)
during the New Guinea, Southern Philippines, and Luzon campaigns.
The PH is awarded for wounds received as a direct result of enemy actions
(i.e., gunshot or shrapnel wounds, hand-to-hand combat wounds, forced
aircraft bail out injuries, etc.). In addition, it is necessary that the
wound have required or received treatment by medical personnel. Indirect
injuries do not meet the criteria for award of the PH.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPR recommends the application be denied and states, in part, that
there is no evidence that the foreign body in the applicant’s left buttock
is a piece of shrapnel or when/how it became lodged in his buttock.
The AFPC/DPPPR evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT’S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the applicant
on 12 March 2004 for review and response within 30 days. However, as of
this date, this office has received no response.
_________________________________________________________________
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 thoroughly reviewing the evidence
of record and noting the applicant’s contentions, we are not persuaded that
he has been the victim of an error or injustice. In this respect, we note
that the PH is awarded for wounds received as a direct result of enemy
actions and it is necessary the wound have required or received treatment
by medical personnel. The applicant contends that he was injured by
strafing Japanese aircraft during the invasion of *****, and that since he
found no blood, assumed he was hit by a piece of flying coral and did not
seek medical treatment. It was not until a 1978 doctor’s visit that he
discovered he had been struck by shrapnel that lodged in his left buttock.
In support of his appeal, he provides statements from former members of the
**** invasion force; however, these individuals do not state that they
witnessed the applicant being wounded. Although the statement from the
civilian physician confirms the presence of an irregular shaped foreign
body of metallic origin in the applicant’s left buttock, it does not
substantiate that it is shrapnel or is the result of enemy action. The
personal sacrifice the applicant endured for his country is noted and our
decision in no way diminishes the high regard we have for his service;
however, insufficient documentary evidence has been presented to warrant
awarding him the Purple Heart. Therefore, in the absence of evidence to
the contrary, we find no compelling basis to recommend granting the relief
sought in this 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 Docket Number BC-2003-03308
in Executive Session on 14 April 2004, under the provisions of AFI 36-2603:
Mr. Roscoe Hinton, Jr., Panel Chair
Ms. Kathy L. Boockholdt, Member
Mr. Michael J. Novel, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 1 Oct 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPR, dated 8 Mar 04.
Exhibit D. Letter, SAF/MRBR, dated 12 Mar 04.
ROSCOE HINTON, JR.
Panel Chair
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