RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-00190
INDEX CODE: 107.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY COMPLETION DATE: 22 APRIL 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show he was awarded the Purple Heart (PH)
medal.
_________________________________________________________________
APPLICANT CONTENDS THAT:
On August 26, 1944, he was on his third flying mission over Germany when
two of the airplane engines were hit by flak and caught fire. The pilot
put the plane in a dive and the fire went out. The plane ran out of gas
and they bailed out in friendly territory. He returned to England with 35
missions.
Three to four fingers of his left hand were wounded. One finger was
wounded so badly a French doctor had to cut some of the flesh off and he
put stitches in the others. After he returned to his unit he saw a doctor
until his fingers were healed. He was told he would not be entitled to the
Purple Heart because his wounds did not require him to be admitted to the
hospital. His injuries were the result of being in action against the
enemy; therefore, he should be entitled to receive the PH. He meets the
criteria.
In his personal statement, the applicant references an article which he
states he attached for review. However, the article was not attached and
no record exists that it was ever received.
In support of his request, the applicant submits a copy of his personal
statement (unsigned), a copy of a list of his combat missions, and a copy
of his separation document. The applicant's complete submission, with
attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The following is the only available information pertaining to the former
member’s service, extracted from documents provided by the Department of
Veteran’s Affairs and the applicant.
The applicant was inducted into the Army of the United States on 10 July
1943, and entered active service on 31 July 1943. He was assigned to
duties in the Eastern Theater of Operations from 20 July 1944 to 8 May
1945, and he performed duties as an Automotive Equipment Operator. He
participated in the Air Offensive Europe, Ardennes, Central Europe,
Northern France, and Rhineland Campaigns. On 28 September 1945, he was
honorably discharged in the grade of staff sergeant for the Convenience of
the Government. His separation document reflects he was awarded the
European-African-Middle Eastern Ribbon with five bronze stars, the Air
Medal with five oak leaf clusters, and the Good Conduct Medal. He served 1
year, 3 months and 28 days of continental service, and 10 months and 3 days
of foreign service.
In a VA rating decision dated 22 January 2005, the applicant was granted 30
percent compensation for service-connected, bilateral hearing loss.
On 21 February 2006, the applicant was notified of his entitlement to the
American Campaign Medal and the World War II Victory Medal, based on his
time in service.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPPR recommends denial of the applicant’s request. DPPPR states
to be awarded the PH a member must provide documentation to support his
wound was a direct result of enemy action and must have received medical
treatment by medical personnel. The applicant’s place of separation was a
medical facility; however, block #34 of his separation document states
wounds received in action as “none.” DPPPR’s evaluation, with attachments,
is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force Evaluation was forwarded to the applicant for
review and comment on 3 March 2006. In a letter dated 19 April 2006, a
congressman submitted his endorsement of the applicant’s request for the PH
medal (Exhibit E).
_________________________________________________________________
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
contention that he should be awarded the Purple Heart for an injury
sustained during his assignment in Germany; however, after a thorough
review of his submission we are not persuaded that he should be awarded
the Purple Heart Medal. There is no evidence that the wound he alleges
he sustained was a direct result of enemy action. In addition, the
applicant did not provide supporting documentation from eyewitnesses or
testimony from other former members of his unit who were with him at the
time that can account for his injury. 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-
00190 in Executive Session on 10 May 2006, under the provisions of AFI 36-
2603:
Mr. Michael V. Barbino, Panel Chair
Mr. Wallace F. Beard Jr., Member
Ms. Barbara R. Murray, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 2 Nov 05, w/atchs.
Exhibit B. Applicant’s Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPPR, dated 23 Feb 06.
Exhibit D. Letter, SAF/MRBR, dated 3 Mar 06.
Exhibit E. Applicant’s Rebuttal, 19 Apr 06, w/atchs.
MICHAEL V. BARBINO
Panel Chair
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