Search Decisions

Decision Text

AF | BCMR | CY2006 | BC-2006-00002
Original file (BC-2006-00002.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-00002
                       INDEX CODE:  107.00
                       COUNSEL:  NONE

                       HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  7 JUL 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect he was  awarded  the  Bronze  Star
Medal (BSM) and the Purple Heart (PH).
_________________________________________________________________

APPLICANT CONTENDS THAT:

He was awarded the BSM and PH in combat and never received the medals.

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 available records reflect the applicant enlisted in  the  Army  of
the United States (AUS) on 20 October 1942.

The WD AGO  Form  38,  Report  of  Physical  Examination  of  Enlisted
Personnel Prior to Discharge, Release from Active Duty or  Retirement,
Item 10 lists Purple Heart and “No” as the response.  Item 11 reflects
the applicant was wounded in action  (WIA)-shrapnel  wound-right  leg-
Germany-March ’45-treated no hosp.

His records further  reflect  he  was  awarded  the  American  Theater
Campaign Ribbon, European African Middle Eastern (EAME) Theater Ribbon
with three Bronze Stars, Good Conduct Medal (GCM),  Army  Occupational
Ribbon (Germany), Victory  Ribbon  with  two  Service  Stripes,  Three
Overseas Service Bars.

The applicant’s WD AGO Form  53-33,  Enlisted  Record  and  Report  of
Separation Honorable Discharge, Item 34 reflects the applicant did not
receive any wounds while in action.

On 15 November 1946, the applicant was  honorably  discharged  in  the
grade of technical sergeant.  He served 4 years and 21 days of  active
duty service.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR states for a servicemember to be awarded  the  PH,  they
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.   The
applicant  stated  he  was  injured  during  a  combat  mission.    HQ
AFPC/DPPPR was unable to verify that his injury was a direct result of
enemy action, nor has the applicant provided any medical documentation
to support his request for award of the PH.

HQ AFPC/DPPPR further states for a servicemember  to  be  awarded  the
BSM, they must while serving in any capacity with the Armed Forces  of
the  United  States  on  or  after  7  December   1941,   shall   have
distinguished themselves  by  heroic  or  meritorious  achievement  or
service.  The applicant has not provided any documentation in  support
his request for award of the BSM.

HQ AFPC/DPPPR states  after  a  thorough  review  of  the  applicant’s
military personnel records, they were unable to locate any evidence of
a recommendation for, or award of the BSM, nor were they any documents
to verify the applicant was  wounded  as  a  direct  result  of  enemy
action.  Therefore, they recommend the applicant’s request  for  award
of the BSM and PH be denied.

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
10 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.  After reviewing and noting
the applicant's complete submission  in  judging  the  merits  of  his
request for the BS and PH  medals;  we  agree  with  the  opinion  and
recommendation of the Air Force and adopt its rationale as  the  basis
for our decision that the applicant has failed to  provide  persuasive
evidence of an injury meeting the criteria for  award  of  the  PH  or
documentation  verifying  he  was  recommended  or  awarded  the  BSM.
However, should he provide documentation verifying he was  recommended
or awarded the BSM and sustained an injury which  meets  the  criteria
for the PH, the Board would be willing to  review  the  materials  for
possible reconsideration.  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 AFBCMR Docket Number BC-
2006-00002 in Executive Session on 18 April 2006, under the provisions
of AFI 36-2603:

                       Mr. John B. Hennessey, Panel Chair
                       Ms. LeLoy W. Cottrell, Member
                       Ms. Cathlynn B. Sparks, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 2 Nov 05, w/atchs.
      Exhibit B. Available Military Personnel Records.
      Exhibit C. Letter, HQ AFPC/DPPPR, 1 Mar 06.
      Exhibit D. Letter, SAF/MRBR, dated 10 Mar 06.




                             JOHN B. HENNESSEY
                             Panel Chair

Similar Decisions

  • AF | BCMR | CY2006 | BC-2005-03408

    Original file (BC-2005-03408.doc) Auto-classification: Denied

    The documentation provided by the applicant and the limited military records of the servicemember do not substantiate he had an injury that met the criteria for award of the PH. Nor has the applicant or the servicemember provided any evidence to substantiate the request for award of the PH, such as an eyewitness statement verifying the cause of the crash. Exhibit D. Letter, SAF/MRBR, dated 27 Jan 06.

  • AF | BCMR | CY2006 | BC-2006-01849

    Original file (BC-2006-01849.doc) Auto-classification: Approved

    On 6 September 2006, the Board staff forwarded the applicant a corrected copy of the Air Force evaluation for his review and response. The applicant is requesting award of the SM, PH, PLR and PUC. KATHLEEN F. GRAHAM Panel Chair AFBCMR BC-2006-01849 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 1552, Title 10, United States Code (70A Stat 116), it is...

  • AF | BCMR | CY2006 | BC-2006-00172

    Original file (BC-2006-00172.doc) Auto-classification: Approved

    [Note: Pursuant to an inquiry by the AFBCMR Staff, HQ AFPC/DPPPRA advised via 13 Jul 06 email that they had noted the BSM certificate provided by the applicant (Exhibit A) but as they could find no special order or other evidence in the applicant’s file that he received the basic award, they did not recommend his separation documents be administratively corrected to reflect receipt of that decoration.] In response, the applicant provided a handwritten letter with the original BSM...

  • AF | BCMR | CY2006 | BC-2006-01988

    Original file (BC-2006-01988.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-01988 INDEX CODE: 107.00 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 2 JANUARY 2008 _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect award of the Purple Heart (PH). A complete copy of the Air Force evaluation is attached at Exhibit...

  • AF | BCMR | CY2006 | BC-2005-03788

    Original file (BC-2005-03788.doc) Auto-classification: Denied

    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. 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. White-Olson, Member The following documentary...

  • AF | BCMR | CY2007 | BC-2006-02850

    Original file (BC-2006-02850.doc) Auto-classification: Denied

    _________________________________________________________________ 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-2006-00216

    Original file (BC-2006-00216.doc) Auto-classification: Approved

    On 23 February 2006, the Purple Heart Review Board (PHRB) reviewed and denied the applicant’s request for award of the PH. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that he was awarded the Purple Heart Medal for injuries sustained as a direct result of enemy action during an aerial combat mission over Weimar, Germany on 24 August...

  • AF | BCMR | CY2006 | BC-2005-03309

    Original file (BC-2005-03309.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005- 03309 INDEX CODE: 107.00 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 1 MAY 2007 ___________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Purple Heart (PH) Medal. To be awarded the PH a member must provide documentation to support his claim that the wound was a direct result of enemy action, and...

  • AF | BCMR | CY2006 | BC-2006-00507

    Original file (BC-2006-00507.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-00507 INDEX CODE: 107.00 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 20 AUGUST 2007 _________________________________________________________________ APPLICANT REQUESTS THAT: Her late father’s records be corrected to reflect award of the Purple Heart (PH). The Purple Heart Review Board (PHRB) considered and denied the request for PH. The documentation...

  • AF | BCMR | CY2006 | BC-2006-01167

    Original file (BC-2006-01167.doc) Auto-classification: Denied

    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...