RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-03788
INDEX CODE: 107.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 17 JUN 07
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect he was awarded the Purple Heart
(PH).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He should be awarded the PH because of a recent decision that all
Prisoners of War (POW) should receive this medal.
Applicant's complete submission, with attachments, is attached at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant’s military records were destroyed in the 1973 fire at the
National Personnel Records Center (NPRC).
The applicant enlisted in the Army of the United States on 23 April
1943.
His WD AGO Form 53-55 reflects he was awarded the European-African-
Middle (EAME) Theatre Medal and the Good Conduct Medal (GCM). He had
foreign service from 26 May 1945 through 12 June 1945. His WD AGO
Form 53-55 further reflects he received no wounds in action.
On 25 October 1945, the applicant was honorably discharged in the
grade of technical sergeant. He served two years, six months and two
days of active duty service.
On 13 March 2006, the Army Repatriation and Family Affairs Division
verified the applicant was a POW from 21 July 1944 to 4 May 1945.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPPR recommends denial. DPPPR states Public Law (PL) 104-
106, dated 10 February 1996 authorized award of the PH to
servicemembers who were wounded while held as a POW prior to 25 April
1962. The servicemembers must have suffered wounds or injuries at the
hands of their captors and the wounds must have required or received
treatment by medical personnel. Furthermore no evidence was found in
the limited military records or in the applicant’s submission to
verify he was wounded while being held as a POW.
A complete copy of the Air Force evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
24 March 2006, for review and response. As of this date, no response
has been received by this office.
_________________________________________________________________
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 an error or an injustice. We took notice of the
applicant's complete submission in judging the merits of the case;
however, we agree with the opinion and the recommendation of the Air
Force and adopt its rationale as the basis for our conclusion that the
applicant has not been the victim of an error or an injustice. The
documentation provided by the applicant and his limited military
records do not substantiate he had an injury that met the criteria for
award of the PH. Although the applicant was a POW, he has not
provided persuasive evidence to show he was injured while being held
captive. 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
absences of evidence to the contrary, we find no compelling basis to
recommend granting the relief sought.
_________________________________________________________________
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-
2005-03788 in Executive Session on 4 May 2006, under the provisions of
AFI 36-2603:
Mr. Wayne R. Gracie, Panel Chair
Mr. Alan A. Blomgren, Member
Mr. B.J. White-Olson, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 7 Sep 05, w/atchs.
Exhibit B. Available Military Personnel Records.
Exhibit C. Letter, HQ AFPC/DPP, dated 13 Mar 06.
Exhibit D. Letter, HQ AFPC/DPPPR, dated 22 Mar 06.
Exhibit D. Letter, SAF/MRBR, dated 24 Mar 06.
WAYNE R. GRACIE
Panel Chair
Therefore, as the WD AGO Form 53-55 is an obsolete Army form, we recommend a DD Form 215 be issued reflecting his time as a POW for the period 6 June to 1 September 1944. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 17 Feb 99, w/atchs. WAYNE R. GRACIE Panel Chair AFBCMR 99-00492 MEMORANDUM FOR THE CHIEF OF STAFF Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section...
AF | BCMR | CY2006 | BC-2006-01167
DPPPR states 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.) We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and the recommendation of the Air Force and adopt its rationale as the basis for our conclusion that the servicemember has not been the victim of an error or an injustice. The...
The applicant has not provided any documentation showing that he received medical treatment for either injury and there is no documentation in his medical file mentioning either of these injuries. Therefore, we conclude that any doubt should be resolved in this applicant’s favor and recommend he be awarded the PH for injuries sustained after bailing out of his B-24 bomber on 9 Feb 45. Exhibit C. Letter, HQ AFPC/DPPPR, dated 31 Jul 02, w/atchs.
AF | BCMR | CY2007 | BC-2006-02850
_________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPPPR recommends the applicant’s request for award of the PH be denied. They state the PH is awarded for wounds received as a direct result of enemy action and the wounds must have received treatment by medical personnel. _________________________________________________________________ The following members of the Board this application in Executive Session on 21 February 2007, under the...
AF | BCMR | CY2006 | BC-2006-00535
_________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPPPR recommends the applicant’s request for award of the PH be denied. They state the PH is awarded for wounds received as a direct result of enemy action and the wounds must have received treatment by medical personnel. Exhibit D. Letter, SAF/MRBR, dated 26 May 06.
AF | BCMR | CY2004 | BC-2004-00937
_________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPPPR advises that, to be awarded the PH, a member must provide detailed evidence/documentation to support he was wounded as a direct result of enemy action and received treatment by medical personnel. By the time he was liberated from the POW camp nine months later, his wounds had healed and no further treatment was necessary. Exhibit E. Letter, Applicant, dated 13 Jun 04, w/atchs.
AF | BCMR | CY2006 | BC-2006-00917
_________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPPPR recommends the applicant’s request for award of the PH be denied. The PH is awarded for wounds received as a direct result of enemy action, such as, gunshot, or shrapnel wound, hand-to-hand combat wounds, forced aircraft bail out injuries, etc. The documentation provided by the applicant and his military records do not substantiate he had an injury that met the criteria for award of the PH.
AF | BCMR | CY2003 | BC-2003-01285
In his rebuttal (Exhibit E), the applicant requests his WD AGO Form 100, Separation Qualification Record, reflect “13 May 45” rather than “2 May 45” in Item 13; his WD AGO Form 53-55, Report of Separation, be corrected to show in Item 7 a date of separation of 12 Oct 45, rather than 12 Nov 45, and in Item 34 that he received flack wounds in his left foot and thigh and frostbite in both feet; and the DD From 215, Correction to DD Form 214, amending his record to reflect receipt of the POW...
AF | BCMR | CY2006 | BC-2006-00456
_________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPPPR recommends the applicant’s request for award of the PH be denied. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and the recommendation of the Air Force and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or an injustice. The applicant stated he received...
AF | BCMR | CY2007 | BC-2006-02775
To be awarded the PH, a member must provide documentation to support he was wounded as a direct result of enemy action and must have received medical treatment by medical personnel. Each request is considered on the policies and criteria in use at the time the veteran was injured, and the determination is dependent on the documentary evidence presented. Neither evidence provided by the applicant nor the service-member’s records substantiate he was injured as a direct result of enemy action...