RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-00729
INDEX CODE: 107.00
XXXXXXX COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 3 SEP 2006
___________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH) medal.
___________________________________________________________________
APPLICANT CONTENDS THAT:
The reasons the applicant believes the records to be in error or
unjust are based on the enactment of the recent law governing
Prisoner-of-War (POW) status.
Applicant’s complete submission is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
Applicant served in the Army Air Corps from 9 Dec 42 until his
discharge on 9 Jan 46. He served as an intelligence staff officer
and was progressively promoted to the rank of first lieutenant.
WG AGO 53-98 reflects he was a POW from 18 Dec 44 to 30 Apr 45.
Department of Veterans Affairs (DVA) rating decision, dated
15 Jun 87, reflects 10% service-connection for frostbite of feet.
___________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPPR reviewed this application and recommended denial
stating, in part, applicant was captured and held as a POW in
Germany from 18 Dec 44 to 30 Apr 45.
To be awarded the Purple Heart, a member must provide documentation
to support he was wounded as a direct result of enemy action.
Indirect injuries do not meet Purple Heart criteria. In addition,
it is necessary that the wound required or received medical
treatment by medical personnel. DPPPR researched the applicant’s
personnel record and could not find any documentation in support of
award of the Purple Heart.
Applicant was awarded the Euro-African-Middle Eastern (EAME)
Theater ribbon, with 5 bronze stars, the Air Force Good Conduct
Medal, and the American Defense Service Medal.
A complete copy of the evaluation is at Exhibit C.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 27 May 05 for review and comment within 30 days. As of this
date, no response has been received by this office (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. We took notice of
the applicant's complete submission in judging the merits of the
case. The applicant was advised that to be awarded the Purple
Heart, a member must provide documentation to support he was
wounded as a direct result of enemy action. In addition, it is
necessary that the wound required or received medical treatment by
medical personnel. No evidence has been submitted to substantiate
his claim for award of the PH. We therefore agree with the opinion
and recommendation of the Air Force office of primary
responsibility and adopt its rationale as the basis for our
conclusion that the applicant has not been the victim of an error
or injustice. Hence, 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 AFBCMR Docket Number
BC-2005-00729 in Executive Session on 13 July 2005, under the
provisions of AFI 36-2603:
Mr. Joseph G. Diamond, Panel Chair
Mr. Wallace F. Beard, Member
Mr. Grover L. Dunn, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 24 Feb 05.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPPR, dated 11 May 05.
Exhibit D. Letter, SAF/MRBR, dated 27 May 2005.
JOSEPH G. DIAMOND
Panel Chair
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