RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-02775
INDEX CODE: 107.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 17 MARCH 08
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her deceased spouse be awarded the Purple Heart (PH) Medal.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Her husband was held as a Prisoner of War (POW) by the Japanese from 8
April 1942 to 17 August 1945. She indicates there was a law passed that
stated all POWs would be awarded the PH as a result of being held captive
during World War II.
In support of her request, the applicant provided a statement from the
service-member and a certificate of death.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The service-members's military personnel records were destroyed by fire in
1973 at the National Personnel Record Center (NPRC) in St. Louis, Missouri;
based on the available documentation the following facts are provided.
The service-member with prior service entered active duty on 15 December
1945 and on 14 December 1948 was honorably released from active duty.
He was a POW from 7 May 1942 to 2 September 1945.
To be awarded the PH, a member must provide documentation to support he was
wounded as a direct result of enemy action and must have received medical
treatment by medical personnel. Indirect injuries include but are not
limited to, diseases, exposure, injuries received while seeking shelter
from mortar or rocket attacks, aircraft bombings, grenades, and injuries
incurred while serving as an aircraft member or in a passenger status as a
result of the aircraft’s evasive measures against hostile fire. Public Law
104-106, February 10, 1996, amended PH eligibility criteria stating
Secretaries shall treat a former POW who was wounded before April 25, 1962,
while held prisoner in the same manner as a former POW wounded on or after
that date while held a POW.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPR recommends denial. DPPPR states the applicant did not provide
documentation to substantiate her claim. The applicant’s request was
forwarded to the Purple Heart Review Board (PHRB) on 8 November 2006. The
PHRB determined the applicant did not have sufficient medical documentation
evidence to approve the PH. The PHRB has the authority, on behalf of the
Secretary of the Air Force, to determine a veteran’s entitlement to the PH.
Each request is considered on the policies and criteria in use at the time
the veteran was injured, and the determination is dependent on the
documentary evidence presented.
AFPC/DPPPR verified the service-member’s entitlement to the POW Medal,
American Campaign Medal, and the World War II Victory Medal. These awards
will be added to his WD AGO Form 53 – Enlisted Record and Report of
Separation.
The DPPPR complete evaluation, with attachments, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 15 December 2006, the evaluation was forwarded to the applicant for
review and comment within 30 days (Exhibit D). 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 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 injustice. The applicant’s contentions are duly
noted; however, after thoroughly reviewing the applicant’s submission, we
are not persuaded the service-member should be awarded the PH Medal.
Neither evidence provided by the applicant nor the service-member’s records
substantiate he was injured as a direct result of enemy action as required
for award of the PH. The personal sacrifice the former member endured for
his country is noted and our decision in no way diminishes the high regard
we have for his service; however, insufficient documentary evidence has
been presented to warrant awarding him the PH. Should the applicant
provide documentation, i.e., medical reports or letters of support from
eyewitnesses, which would show the service-member was injured as a direct
result of enemy action, we would be willing to review his appeal for
reconsideration. Therefore, in the absence of evidence to the contrary, we
find no compelling basis to recommend granting the relief sought.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not demonstrate the
existence of an error or injustice; the application was denied without a
personal appearance; and 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-
02775 in Executive Session on 31 January 2007, under the provisions of AFI
36-2603:
Mr. Michael J. Maglio, Panel Chair
Ms. Kathy L. Boockholdt, Member
Ms. Sharon B. Seymour, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 20 Sep 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPR, dated 15 Nov 06, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 15 Dec 06.
MICHAEL J. MAGLIO
Panel Chair
AF | BCMR | CY2006 | BC-2005-03408
The documentation provided by the applicant and the limited military records of the servicemember do not substantiate he had an injury that met the criteria for award of the PH. Nor has the applicant or the servicemember provided any evidence to substantiate the request for award of the PH, such as an eyewitness statement verifying the cause of the crash. Exhibit D. Letter, SAF/MRBR, dated 27 Jan 06.
AF | BCMR | CY2006 | BC-2006-02262
In accordance with Army Regulation 600-45, dated 22 September 1943, during the period in question, the PH was awarded for wounds received in action against the enemy or as a direct result of an act of such enemy, provided the wound necessitated treatment by medical personnel. The Purple Heart Review Board (PHRB), on behalf of the Secretary of the Air Force, has the authority to determine a veteran’s entitlement to the PH. The PH is awarded for injuries received as a direct result of enemy action.
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