RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-02908
INDEX CODE: 107.00
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 27 MARCH 2008
_______________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH) Medal and the Air Medal (AM).
_______________________________________________________________
APPLICANT CONTENDS THAT:
He was injured on 20 October 1944 as a result of a forced aircraft bailout
while executing a military mission. Consequently, he believes he is
entitled to be awarded the PH. He also states he completed 50 percent of
his missions which was the criteria for the award of the AM at that time.
In support of his request, the applicant provided a personal letter, an
excerpt from the Annual Pictorial Magazine on the Flying Tigers,
information from the hospital admissions card data files and WD Form No
371, Final Payment Roll.
The complete submission, with attachments, is at Exhibit A.
_______________________________________________________________
STATEMENT OF FACTS:
The former member enlisted in the Air Corps on 28 October 1942.
He was discharged with an honorable discharge on 9 October 1945. He had 2
years, 11 months and 12 days of total active service.
_______________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPR recommends the request be denied. DPPPR states that in order to
be awarded the PH, the applicant must provide documentation to support that
his wounds were a direct result of enemy action and the wounds required or
received medical treatment by medical personnel. DPPPR states the aircraft
he was on crashed because of bad weather on take off in China while en
route to target and the applicant was forced to bailout which resulted in a
partially-united fracture. There is no indication the aircraft encountered
enemy action. In addition, DPPPR provided a copy of the current procedures
for processing a recommendation package for the award of the AM.
The complete DPPPR evaluation with attachments is at Exhibit C.
_______________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 1
December 2006 for review and comment within 30 days. As of this date, this
office has received no response (Exhibit D).
_______________________________________________________________
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. After a thorough review of the available
evidence and the applicant’s complete submission, the Board is not
persuaded that his records should be corrected to show he was awarded the
AM or the Purple Heart (PH). The Board took notice of the applicant’s
complete submission in judging the merits of this case. However, the board
was not persuaded by the available records that his injuries were a direct
result of enemy action therefore the board recomeds denial of the PH. In
addition, applicant contends that he completed the prerequisite number of
aerial missions and should have been awarded the AM. The board notes
however, that during the period in question participation in a particular
number of aerial missions in itself, was insufficient justification for
award of the AM. Award of the AM required the accompaniment of meritorious
service or service accomplished distinctively, above and beyond that
expected of professional airman and a recommendation by the appropriate
official. Finding no evidence of such, the board is not compelled to
recommend award of the AM either. The board is not unmindful or
unappreciative of his service to his Nation. Should he secure supporting
documentation, the board would be willing to reconsider his application.
Therefore, in the absence of persuasive evidence to the contrary, the board
finds no compelling basis to warrant favorable consideration of his
application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of a 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 no
considered with this application.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-2006-
02908 in Executive Session on 10 January 2007, under the provisions of AFI
36-2603:
Mr. James W. Russell III, Panel Chair
Ms. Barbara R. Murray, Member
Mr. Reginald P. Howard, Member
The following documentary evidence pertaining to Docket Number BC-2006-
02908 was considered:
Exhibit A. DD Form 149, dated 19 September 2006, w/atchs.
Exhibit B. Letter, AFPC/DPPPR, dated 23 October 2006
Exhibit C. Letter, Applicant, dated 1 December 2006
JAMES W. RUSSELL III
Panel Chair
DEPARTMENT OF THE AIR FORCE
WASHINGTON DC
[pic]
Office of the Assistant Secretary
AFBCMR
1535 Command Drive EE Wing 3rd Floor
Andrews AFB, MD 20762-7002
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Reference your application, AFBCMR Docket Number BC-2006-02908,
submitted under the provisions of AFI 36-2603 (Section 1552, 10 USC).
After careful consideration of your application and the former
member’s available military records, the Board determined that the
evidence you presented did not demonstrate the existence of probable
material error or injustice. Accordingly, the Board denied your
application.
You have the right to submit newly discovered relevant evidence
for consideration by the Board. In the absence of such additional
evidence, a further review of your application is not possible.
BY DIRECTION OF THE PANEL CHAIR
GREGORY E. JOHNSON
Chief Examiner
Air Force Board for Correction
of Military Records
Attachment:
Record of Board Proceedings
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