Search Decisions

Decision Text

AF | BCMR | CY2006 | BC-2006-00322
Original file (BC-2006-00322.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2006-00322
            INDEX CODE:  107.00
            COUNCIL:  NONE
  
            HEARING DESIRED:  NO

MANDATORY COMPLETION DATE:  5 AUGUST 2006

________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) Medal.

________________________________________________________________

APPLICANT CONTENDS THAT:

In 1944, his B-24 went down in Ardennes, France after being struck by  flak.
 He was treated for  a  head  injury  at  a  British  Air  Base  outside  of
Ardennes, France.  The name of his plane was called “Tinker Bell.”

In support of his appeal, the applicant provides a copy  of  his  separation
document.

The applicant’s submission, with attachment, is at Exhibit A.

_______________________________________________________________

STATEMENT OF FACTS:

The  applicant’s  records  were  lost   or   destroyed   and   efforts   at
reconstruction have been, for the most part, unsuccessful.   The  following
is the only known information pertaining to the applicant's service and was
extracted from the partially reconstructed record  and  from  the  document
provided by the applicant.

The applicant enlisted into the Army  of  the  United  States  on  8 January
1943.  He entered active duty on 15  January  1943,  and  was  progressively
promoted to the grade of sergeant.

The applicant was in the European Theater of Operations as a radio  operator
mechanic gunner, from 10 April 1944 through 5 May 1945, when he returned  to
the Continental United States.  The applicant was  honorably  discharged  on
27 June 1945, for the Convenience of the  Government  (Demobilization).   He
was credited with 1 year, 5 months and 17 days of continental service and  1
year and 26 days of  foreign  service.   His  discharge  document  shows  he
participated in  the  Northern  France,  Ardennes,  Rhineland  and  Normandy
campaigns.  His decorations include  the  Air  Medal  with  three  oak  leaf
clusters and the Distinguished Flying Cross.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR  recommends  the  application  be  denied.   DPPPR   states   the
applicant’s medical and military record did not have  medical  documentation
of treatment in a field hospital of injuries sustained as  a  direct  result
of enemy action.   The applicant has not provided any specific  or  detailed
information on any injury or wound incurred as  a  direct  result  of  enemy
action.  The AFPC/DPPPR evaluation is at Exhibit B.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 3 March 2006, a copy  of  the  Air  Force  evaluation  was  sent  to  the
applicant for review and comment.  As of this  date,  this  office  has  not
received a 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.   We  took  notice  of  the  applicant’s
contention that he should be awarded the Purple Heart for a head  injury  he
sustained when his plane went down in Ardennes, France  after  being  struck
by flak.  The applicant has  provided  no  evidence  to  indicate  that  the
injury sustained was the direct result of enemy action.   Absent  sufficient
documentation to support his eligibility for award of the Purple  Heart,  we
find no basis to recommend granting the relief sought in  this  application.
 However, should the applicant obtain testimonies from  other  members  from
his unit that were on the mission when his plane went down and  can  account
for his injury, he may, of course, submit  another  request  and  the  Board
will  review  this  new  evidence.   While  we  appreciate  and  honor   the
applicant’s service to  his  country,  in  view  of  the  above  and  absent
persuasive evidence  showing  his  records  are  in  error  or  unjust,  the
applicant’s request cannot be favorably considered.
________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of probable 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 this application in  Executive
Session on 25 April 2006, under the provisions of AFI 36-2603:

                 Mr. Michael K. Gallogly, Panel Chair
                 Ms. Mary C. Puckett, Member
                 Mr. Grover L. Dunn, Member

The following documentary evidence for AFBCMR  Docket  Number  06-00322  was
considered:

    Exhibit A.  DD Form 149, dated 19 Apr 05, w/atchs.
    Exhibit B.  Letter, AFPC/DPPPR, dated 22 Feb 06.
    Exhibit C.  Letter, SAF/MRBR, dated 3 Mar 06.





                                   MICHAEL K. GALLOGLY
                                   Panel Chair



Similar Decisions

  • AF | BCMR | CY2006 | BC-2006-00190

    Original file (BC-2006-00190.doc) Auto-classification: Denied

    After he returned to his unit he saw a doctor until his fingers were healed. However, the article was not attached and no record exists that it was ever received. The applicant's complete submission, with attachments, is at Exhibit A.

  • AF | BCMR | CY2005 | BC-2002-00523

    Original file (BC-2002-00523.doc) Auto-classification: Denied

    After reviewing this application and the evidence provided in support of the appeal, we are convinced that the applicant’s records should be corrected to show he was awarded 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, on 30 September 1945, he was awarded the Purple Heart Medal for wounds to his face due to...

  • AF | BCMR | CY2005 | BC-2003-00523

    Original file (BC-2003-00523.doc) Auto-classification: Approved

    After reviewing this application and the evidence provided in support of the appeal, we are convinced that the applicant’s records should be corrected to show he was awarded 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, on 30 September 1945, he was awarded the Purple Heart Medal for wounds to his face due to...

  • AF | BCMR | CY2005 | BC-2005-00705

    Original file (BC-2005-00705.doc) Auto-classification: Denied

    In his application for extended active duty, he indicated he was hospitalized after being shot down in the North Sea and later rescued from a rubber life boat, and that he was suspended from all flying duty as a result of this and subsequent combat experiences. On his fifth mission, the pilot ditched the plane at sea after it was severely shot up. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPPPR reports that they researched the...

  • AF | BCMR | CY2004 | BC-2003-03561

    Original file (BC-2003-03561.doc) Auto-classification: Approved

    They indicated the Purple Heart (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.). Since there is no evidence the applicant was in fact shot down by enemy action in Germany in 1943, or injured, and the injuries he may have suffered in an aircraft accident in Korea do not qualify for award of the Purple Heart Medal. The applicant contends he was injured in the...

  • AF | BCMR | CY2005 | BC-2004-03064

    Original file (BC-2004-03064.doc) Auto-classification: Denied

    In a Physical Examination for Flying, dated 3 January 1945, completed following the applicant’s return from overseas, it was indicated that the applicant had “no injuries, illnesses or operations while in military service.” The applicant’s Certificate of Service, documenting his relief from active duty on 5 October 1945, indicates he sustained no wounds in action. The Purple Heart Review Board concluded that the evidence presented by the applicant did not meet the criteria for award of the...

  • AF | BCMR | CY2003 | BC-2002-02189

    Original file (BC-2002-02189.doc) Auto-classification: Denied

    The applicant was assigned to the 367 Bombardment Squadron, in the European Theater of Operations as a Navigator, from 15 November 1943 through 11 June 1945, when he returned to the Continental United States. By letter, dated 3 December 2002, AFPC/DPW, requested that the applicant’s discharge document be corrected to reflect he was a POW from 13 December 1943 to 13 May 1945 and that he be considered for award of the Purple Heart (See Exhibit D). The applicant contends that he should...

  • AF | BCMR | CY2000 | 9900847

    Original file (9900847.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 99-00847 INDEX CODE: 107.00 XXXXXXXXXXXXXXXX COUNSEL: NONE XXXXXXXXXXX HEARING DESIRED: YES APPLICANT REQUESTS THAT: He be awarded the Purple Heart Medal. Although applicant did not provide medical documentation that his injuries required or received treatment by medical personnel, we are satisfied with the explanation provided by the applicant that he was treated in France by an...

  • AF | BCMR | CY2007 | BC-2007-01814

    Original file (BC-2007-01814 .DOC) Auto-classification: Approved

    _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPPR recommends denial of the applicant’s request for the PH medal. The applicant’s contentions are duly noted; however, the majority of the Board believes he did not provide sufficient documentary evidence to substantiate his claim that he was wounded in action as a direct result of enemy action, or that he was recommended for, or awarded, the Purple Heart Medal. JOE G. LINEBERGER Director Air...

  • AF | BCMR | CY2002 | 0102669

    Original file (0102669.doc) Auto-classification: Approved

    The applicant’s request for the PH was staffed through the Purple Heart Review Board (PHRB). Although the applicant suffered injuries, there is no indication that he received treatment by medical personnel, or that his injuries were received as a direct result of enemy action. _________________________________________________________________ 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...