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).
_________________________________________________________________
APPLICANT CONTENDS THAT:
The documents pertaining to her father’s PH were destroyed in a fire.
In support of her application, applicant provided copies of documents
from her father’s personnel records, news articles and death
certificate.
Applicant's complete submission, with attachments, is attached at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The servicemember’s records reflect he served on active duty in the
Army of the United States (AUS) from 28 July 1943 through 5 November
1945.
The servicemember’s Military Record and Report of Separation
Certificate of Service reflects he was awarded the European African
Middle Eastern Theater Medal with three Bronze Stars.
On 14 August 1945, the servicemember submitted a request for award of
the PH. On 11 October 1945, the request was returned stating “more
information is necessary as to the seriousness and nature of injury.”
On 13 June 2006, HQ AFPC/DPPRSP informed the applicant her father’s
entitlement to the Air Medal (AM) with one Oak Leaf Cluster (OLC),
Prisoner of War Medal, Presidential Unit Citation
(PUC), World War II Victory Medal and American Campaign Medal had been
verified and his records will be corrected administratively.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPPR recommends the requested relief be denied. DPPPR states
to be awarded the PH, a servicemember must provide documentation to
support he was wounded as a direct result of enemy action and must
have received medical treatment by medical personnel.
DPPPR further states no documentation was located in the
servicemember’s records to substantiate the request for award of the
PH. The Purple Heart Review Board (PHRB) considered and denied the
request for PH.
A complete copy of the Air Force evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the Air Force evaluation and states her father
had the medal. She has his bar pin. He was an undertaker for many
years and he buried a man and the wife could not find the man’s medal
for the wake so her dad used his medal and forgot to take it off of
the man before the burial (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 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
servicemember has not been the victim of an error or an injustice.
The documentation provided by the applicant and the servicemember’s
military records do not substantiate he had an injury that met the
criteria for award of the PH. The applicant has not provided any
documentation to support the injury her late father sustained was the
direct
result of enemy action. Although the servicemember submitted a
request for the PH in 1945; the request was returned stating more
information was needed as to the seriousness and nature of the injury.
There is no evidence in the servicemember’s official records
indicating the PH was approved or disapproved. Unfortunately, without
evidence the servicemember sustained injuries as a direct result of
enemy action and the wounds received medical treatment by medical
personnel, his entitlement to the PH cannot be verified. While we are
not unmindful or unappreciative of the applicant’s service to his
Nation, in the absence of evidence substantiating the servicemember
was injured as a direct result of enemy action, 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 this application in Executive
Session on 15 August 2006, under the provisions of AFI 36-2603:
Mr. Richard A. Peterson, Panel Chair
Ms. LeLoy W. Cottrell, Member
Ms. Karen A. Holloman, Member
The following documentary evidence pertaining to AFBCMR Docket Number
BC-2006-00507 was considered:
Exhibit A. DD Form 149, dated 11 Feb 06, w/atchs.
Exhibit B. Available Military Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPPR, undated.
Exhibit D. Letter, SAF/MRBR, dated 16 Jun 06.
Exhibit E. Letter, Applicant, dated 22 Jun 06.
RICHARD A. PETERSON
Panel Chair
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