RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-01741
INDEX CODE: 107.00
COUNSEL:
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart Medal (PHM).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was injured when the troop carrier ship he was on (SS Cape San
Juan), was torpedoed and sunk. He spent 36 hours in the water after
abandoning ship until another ship picked them up. Everyone else
received the PHM and he feels he should have too.
In support of his appeal, the applicant has provided two letters from
the Army BCMR transferring his case to the AFBCMR as he was in the US
Army Air Corps.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Army Air Corps on 15 February 1943. On
11 November 1943, while on a troop carrier bound for Australia, his
ship was torpedoed. The crew and other military personnel were ordered
to abandon ship. The ship sunk the next day. After being in the
water for 32 hours he was rescued by another ship. On 17 December
1944, he was found unfit for further duty as he suffered from “Other
disorders of musculo-skeletal system: Arthralgia, chronic, moderate,
sacro-iliac joint, right; onset following submersion for 32 hours.”
On 12 May 1945, he was honorably discharged in the grade of Private
First Class (PFC) after having served for over two years.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPR recommends denial. DPPPR states applicant’s Veteran’s Exam
dated 25 April 1951 indicates on 11 November 1943 he jumped over the
side of a torpedoed ship but suffered no injury. Another Veteran’s
Exam dated 7 September 1999 indicates his ship was torpedoed and he
was struck on the right hip by a life raft during evacuation from the
ship. DPPPR notes the PHM is awarded for wounds or death as a result
of an act of any opposing Armed Force, as a result of an international
terrorist attack or as a result of military operations while serving
as part of a peacekeeping force. The PHM Review Board disapproved his
request for award of the PHM on 27 June 2006. Therefore, DPPPR
recommends disapproval of his request.
DPPPR’s complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
14 July 2006 for review and comment within 30 days. As of this date,
this office has received no response.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law
or regulations.
2. The application was timely filed.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice that would indicate he should be
awarded the Purple Heart. We took notice of the applicant's complete
submission in judging the merits of the case; however, evidence has
not been presented which would lead us to believe that his injuries
were incurred as a direct result of enemy fire. Therefore, we agree
with the opinion and recommendation of the Air Force office of primary
responsibility and adopt its rationale as the basis for our conclusion
that the applicant has not been the victim of an error or injustice.
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-
2006-01741 in Executive Session on 6 September 2006, under the
provisions of AFI 36-2603:
Mr. Thomas S. Markiewicz, Chair
Ms. Patricia J. Zarodkiewicz, Member
Ms. Dorothy P. Loeb, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 4 Nov 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPR, dated, 28 Jun 06.
Exhibit D. Letter, SAF/MRBR, dated 14 Jul 06.
THOMAS S. MARKIEWICZ
Chair
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