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
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