RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-03512
INDEX CODE 107.00
(Member - Deceased) COUNSEL: None
(Applicant - Brother)
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
His brother, the deceased member, be awarded the Purple Heart (PH).
_________________________________________________________________
APPLICANT CONTENDS THAT:
A Department of Veterans Affairs (DVA) letter informed the member in
Nov 01 they had confirmed his receipt of the PH medal and placed him
in Enrollment Priority Group 3. Shortly before his death from a long
illness, the member mentioned he had never followed up on obtaining
the actual medal. The applicant asks that their mother receive the PH
in behalf of the deceased member.
The applicant’s complete submission, with attachments, is at Exhibit
A.
_________________________________________________________________
STATEMENT OF FACTS:
The military personnel records of the member apparently were
completely destroyed by the 1973 fire at the National Personnel Record
Center (NPRC) at St. Louis, MO. Furthermore, DVA records are also
unavailable.
The following information was derived from documents provided by the
applicant at Exhibit A.
According to a Standard Form [number illegible], Request Pertaining to
Military Records, filled out and signed by the member on 1 Nov 99, he
entered active duty in Dec 54 as an enlisted member and was released
in 1957 and transferred to Air Force Reserves. The member was
requesting the NPRC provide him a copy of his separation document.
According to a DD Form 256, the member was honorably discharged from
the Air Force on 30 Nov 60 in the grade of airman second class.
According to the Certification of Vital Record provided by the
applicant, the member died on 22 Oct 04 at age 68.
The applicant provides a DVA letter, dated 5 Nov 01, addressed to the
deceased member and signed by the DVA Assistant Deputy Under Secretary
for Health, confirming the member’s receipt of the PH and placing him
in Enrollment Priority Group 3. Veterans in Priority Group 3 are not
required to provide a co-payment for their VA medical care. Also
provided is a DVA medical record identifying the member as a “Purple
Heart Recipient.”
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPPR advises an individual must provide a detailed personal
account, eyewitness statements, and medical documentation showing the
wound received treatment by medical personnel and occurred as a direct
result of enemy action in order to be awarded the PH. The VA
documents stating the deceased member was treated as a PH recipient
and placed in Enrollment Priority Group 3 were noted. However,
AFPC/DPPPR contends they do not have the authority to determine if
these medical documents can be used to substantiate the claim. As the
deceased member’s personnel record and documents attached to the DD
Form 149 do not support receipt of the PH, denial is recommended.
A complete copy of the evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant refers to the 5 Nov 01 DVA letter that “confirmed” the
deceased member’s receipt of the PH, which was signed by the DVA
Assistant Deputy Under Secretary for Health. The member should not be
penalized because improper storage of his records resulted in their
destruction by the 1973 fire. The applicant provides the same
attachments as submitted with the DD Form 149.
The applicant’s complete response, with attachments, 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. After a thorough review of the
applicant’s submission, we are not persuaded at this time that his
late brother should be awarded the PH. The 5 Nov 01 letter signed by
the DVA Assistant Deputy Under Secretary for Health confirming the
member’s receipt of the PH was noted. However, we are mystified how
the DVA was able to confirm, in 2001, that the member was a recipient
of the PH given the fact that his records were destroyed in 1973.
Perhaps the member provided documents he had at that time which
persuaded the DVA to place him in the Enrollment Priority Group 3;
otherwise, we cannot determine on what basis the DVA concluded he was
a PH recipient. Therefore, we strongly encourage the applicant to
forward copies of any of his late brother’s active duty military
documents, as well as any DVA medical records, which we could review
for possible reconsideration. We concede it is not the fault of
either the applicant or his late brother that the records were
destroyed in the 1973 NPRC fire. Nonetheless, without some indication
the late member was wounded as a direct result of enemy action, we
must reluctantly conclude that granting the applicant’s request on the
materials thus far submitted is not appropriate. However, we urge the
applicant to search his late brother’s papers as thoroughly and
quickly as possible and forward any documents such as described above
for possible reconsideration. In the interim, we offer our
condolences to the family for their loss.
_________________________________________________________________
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 this application in
Executive Session on 3 March 2005 under the provisions of AFI 36-2603:
Mr. Wayne R. Gracie, Panel Chair
Mr. John B. Hennessey, Member
Ms. Jean A. Reynolds, Member
The following documentary evidence relating to AFBCMR Docket Number BC-
2004-03512 was considered:
Exhibit A. DD Form 149, dated 8 Nov 04, w/atchs.
Exhibit B. Letter, HQ AFPC/DPPPR, dated 6 Jan 04 [sic].
Exhibit C. Letter, SAF/MRBR, dated 21 Jan 05.
Exhibit D. Letter, Applicant, dated 2 Feb 05, w/atchs
WAYNE R. GRACIE
Panel Chair
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