RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-00788
INDEX NUMBER: 107.00
XXXXXXX COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 6 APR 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH).
_________________________________________________________________
APPLICANT CONTENDS THAT:
In 1944–45 (sic), he was wounded in the leg on the Island of Sardinia and
was treated at the 60th Station Hospital.
In support of the appeal, applicant submits a 1985 Veterans Administration
(VA) letter indicating that he was rated 20% for residuals of gunshot
wound, anterior middle upper right leg.
Applicant’s complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant is a former member of the Army Air Corps who served on active
duty from 11 July 1942 through 24 October 1945. An entry in the
applicant’s medical records indicates that on 8 December 1943, he was
treated for a gunshot wound of unknown caliber to the upper 1/3 of his
right leg that was incurred when he was accidentally shot by an Italian
soldier while walking down the street in Vielicedria, Sardinia.
The North Atlantic Treaty was signed on 4 April 1949.
On 2 May 2005, the Air Force Purple Heart Review Board (AFPHRB) considered
and denied applicant’s request for the PH.
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 the wound
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
applicant was wounded as a result of an accident involving an Italian
soldier of the North Atlantic Treaty Organization (NATO) and was not
incurred during combat.
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 27 May 2005 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. In this respect, we note that the Purple
Heart (PH) is awarded for wounds received as a direct result of enemy
actions that required or received treatment by medical personnel. The
applicant contends that his wounds were received in action; however, an
entry in the his medical records indicates that on 8 December 1943, he was
treated for a gunshot wound to his right leg that was incurred when he was
accidentally shot by an Italian soldier. While AFPC/DPPPR refers to the
Italian soldier as a member of NATO, the North Atlantic Treaty, which
established NATO, was not signed until 1949. However, since an armistice
with Italy was announced on 8 September 1943, Italy was, in effect, a co-
belligerent with the Allies and as such, its military personnel were
considered friendly forces. 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 that he was injured as a direct result of enemy
action, 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-2005-00788
in Executive Session on 13 July 2005, under the provisions of AFI 36-2603:
Mr. Joseph G. Diamond, Panel Chair
Mr. Wallace F. Beard, Jr., Member
Mr. Grover L. Dunn, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 Feb 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPR, dated 16 May 05.
Exhibit D. Letter, SAF/MRBR, dated 27 May 05.
JOSEPH G. DIAMOND
Panel Chair
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