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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).

_________________________________________________________________

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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